Beruflich Dokumente
Kultur Dokumente
IN THIS ISSUE:
page 2
Directors Forum
A Tragic Lesson in Drug Safety
page 3
An Ounce of Prevention
Patient-Centered Communications:
Building Patient Rapport
page 4
Litigation Education Retreat:
One Members Story
page 5
Insights from the Florida Physician
Advisory Board
page 6
Advance Drug Safety and
Earn CME Credits
page 10
Foundation News
Foundation Supports Patient Safety
Educational Roundtable
Validate Your Malpractice Risks
on November 11
page 1 1
PDR Network Launches RxEvent
Obstetrics Fall Webinar Series
page 1 2
The Back Page
Industry and Company News
THI RD QUARTER 2011
2 the doctors company
DIRECTORS FORUM
ABOUT US
The Doctors Advocate is published
by The Doctors Company to advise
and inform its members about loss
prevention and insurance issues.
The guidelines suggested in
this newsletter are not rules, do
not constitute legal advice, and do
not ensure a successful outcome.
They attempt to dene principles of
practice for providing appropriate care.
The principles are not inclusive of all
proper methods of care nor exclusive
of other methods reasonably directed
at obtaining the same results.
The ultimate decision regarding
the appropriateness of any treatment
must be made by each health care
provider in light of all circumstances
prevailing in the individual situation
and in accordance with the laws
of the jurisdiction in which the care
is rendered.
The Doctors Advocate is published
quarterly by Corporate Communications,
The Doctors Company. Letters and
articles, to be edited and published
at the editors discretion, are welcome.
The views expressed are those of the
letter writer and do not necessarily
reect the opinion or ofcial policy of
The Doctors Company. Please sign your
letters, and address them to the editor.
The Doctors Company
185 Greenwood Road
PO Box 2900
Napa, CA 94558-0900
(800) 421-2368
info@thedoctors.com
The Doctors Advocate
2011 The Doctors Company
All rights reserved.
www.thedoctors.com/advocate
A
four-year-old female with a history of asthma
presented with her mother to our insured pediatrician
for treatment of a barky cough (croup). Te pediatrician
prescribed Tussionex, one-half teaspoon once a day. Te
following day at 6:30 pm, the ofce nurse telephoned the
residence and spoke with the mother, who reported the
child was much better and was running around. Te
next day, the mother found the child unresponsive and
summoned the emergency squad. Tey administered
CPR and transported the child to the hospital, where she was pronounced
dead. An autopsy revealed the child had toxic blood levels of hydrocodone and
chlorpheniramine (components of Tussionex) and diphenhydramine (an active
ingredient of Benadryl).
A Tragic Lesson in Drug Safety
by David B. Troxel, MD, Medical Director, Board of Governors
It was alleged the insured pediatrician
failed to heed the warnings and recom-
mendations of the manufacturer of
Tussionex, including explicit warnings
against its administration to children
under the age of six; that he failed to
heed the warnings of the Food and Drug
Administration (FDA) and the Ameri-
can Academy of Pediatrics against
prescribing Tussionex to children under
the age of six; and that he prescribed an
excessive dose of Tussionex based on the
childs age and weight.
Defense Experts
A pediatrician expert stated he had
no issue with the insured prescribing
Tussionex to a child this age. He said
the FDA Alert regarding Tussionex was
released just a week before this event
occurred, and he felt it was understand-
able that the insured was not aware of it.
He also did not believe the standard of
care required the insured to be aware of
the FDA press release on Tussionex
(released three months before this event)
or the notice posted on the FDA Web site.
However, he believed the insured was
responsible for knowing the contents of
the FDA Dear Provider letter that had
been sent within a week of this prescrib-
ing event. He also questioned whether
a physician is responsible for reviewing
each medication he prescribes when a
new edition of the Physicians Desk
Reference (PDR) is released.
A toxicology expert stated that both
the Benadryl and the antihistamine
in the hydrocodone are inhibitors
of metabolism of hydrocodone. Te
toxicologist concluded the amount
of hydrocodone found in the blood
meant that the child had 3.4 doses in
her body at the time of death, which
is more than would be expected based
on the dosage prescribed. He made
continued on page 6
An autopsy revealed the child had toxic blood
levels of hydrocodone, chlorpheniramine,
and diphenhydramine.
David B. Troxel, MD
: the doctors advocate
continued on page 8
AN OUNCE OF PREVENTION
Patient-Centered Communications:
Building Patient Rapport
by Wendy G. Anderson, MD, MS, Assistant Professor, Division of Hospital Medicine, University of California, San Francisco
A
s more hospitalized medical
patients are cared for by hospital-
ists, both the patient and the physician
are challenged to develop an efective
patient-physician relationship. Hospi-
talists usually meet their patients for
the frst time at admission and care for
them for a limited time before hand-
ing of care to a colleague. Te chal-
lenges created by this situation can
lead to poor outcomes and decrease
the patients trust in the hospitalist
and, potentially, the hospital. Com-
munication skills can help hospitalists
overcome these barriers by ensuring
a clear exchange of information that
engenders patient trust.
How Does Communication
Infuence Whether a Malpractice
Claim Is Filed?
Research in the 1990s documented
that communication and the patient-
physician relationship are potent
predictors of whether patients decide
to fle medical malpractice claims.
1
In
a review of Te Doctors Companys
closed claims from 2005 to 2010,
communication was noted as a risk
management issue in 40 percent of
the cases.
Incomplete communication during
the initial assessment and during
the hospital course can cause or
contribute to poor patient outcomes.
Te patients presenting symptoms or
medical history may not be completely
elicited, or the doctor may not present
information in a clear manner. Tese
issues can compromise the patients
ability to understand and adhere to the
treatment plan. In addition, patients
who do not trust their physicians or
feel that the physician does not care
about them are more likely to fle
claims, even if there is no negligence.
2
A Model of Patient-
Centered Communication
A model of patient-centered communi-
cation can be used to address the issue
of developing efective communica-
tion and a healthy patient-physician
relationship (Figure 1). Key tasks in the
model are eliciting patient concerns
and addressing both informational and
emotional aspects of the concerns.
3
Eliciting and responding to patient
concerns is associated with higher
patient satisfaction.
4
To rate or share the articles in this issue, visit www.thedoctors.com/advocate.
Te relationship between physician and patient is crucial
to patient safety and good patient outcomes. Tis quarters
article describes the importance of developing a good
patient-physician relationship and the skills needed to
overcome challenges during the patients stressful hospital
admission with unfamiliar physicians.
Robin Diamond, JD, RN; AHA FellowPatient
Safety Leadership; Senior Vice President, Department
of Patient Safety
Robin Diamond
Hospitalists usually meet their patients for the rst time
at admission and care for them for a limited time before
handing off care to a colleague.
Wendy G. Anderson, MD, MS
thi rd quarter 201 1 ,
Incomplete
communication
during the initial
assessment and
during the hospital
course can cause or
contribute to poor
patient outcomes.
the doctors advocate
seminar designed for physicians who
are in the process of medical litigation.
While attending the Litigation
Education Retreat, Dr. Lutz found
that other physicians who were facing
claims expressed similar concerns
and anxietiesthe loss of confdence
in their decision-making, the loss of
sleep, the desire to vindicate their
reputations, and a decrease in the
reward from practicing medicine. He
met with a local defense attorney, a
jury consultant, and a psychiatrist,
gaining tools to help him become his
own best witness. He was also able to
participate in a mock deposition that
simulated a court environment.
Te retreat prepared Dr. Lutz to be an
active member of his defense team,
while helping him learn constructive
ways to cope with the stress of being
sued. When the case went to trial in
August 2010, Dr. Lutz felt confdent
and ready to fght for his reputation.
A jury heard the case and agreed that
it had no merit, returning a verdict in
Litigation Education Retreat: One Members Story
I
n 2008, Dr. Stephen Lutz, a radia-
tion oncologist practicing in Findlay,
Ohio, was stunned to learn that he was
being sued for negligence by a patient
he had treated a year earlier.
Te patient, who had a history of
breast cancer, was showing signs
of cancer in her spine. She refused
to undergo a biopsy to verify the
diagnosis and, instead, agreed to a
course of radiation therapy. Shortly
afer the treatment, she underwent
an unrelated spine surgery in which
no cancer was observed. She sued
Dr. Lutz, claiming that the radiation
had been unnecessary.
Dr. Lutz, who had never faced an
accusation of malpractice, agreed with
our recommendation to take the case
to trial. Although he had spent 14
years successfully practicing radiation
oncology, he realized he would be a
novice in the courtroom.
As a member of Te Doctors Company,
Dr. Lutz was able to attend a Litigation
Education Retreat, our one-day
favor of Dr. Lutz. Dr. Lutz says, If you
know in your heart that you did your
best and refuse to repudiate who you
are, then you win. Its that simple.
We are the only national carrier to
provide Litigation Education Retreats.
It is a beneft that refects our passion
for protecting and defending our
membersand it draws on our more
than 35 years of experience with
medical malpractice cases. n
Although Dr. Lutz
had spent 14
years successfully
practicing radiation
oncology, he realized
he would be a novice
in the courtroom.
The retreat prepared Dr. Lutz to be an active member of his defense
team, while helping him learn constructive ways to cope with the
stress of being sued.
To rate or share the articles in this issue, visit www.thedoctors.com/advocate. thi rd quarter 201 1 ,
and disquieting in that any physician
could fall into the same traps as the
defendants. Discussion was lively in
trying to understand how each case
evolved and where errors may have
been made in judgment and treatment.
Having a discussion between the
physicians and Te Doctors Companys
representatives gave us added insight
into how the cases should have
progressed and how to avoid such
pitfalls in the future.
One report highlighted how physician
bias might play a role in inadequate
patient assessment, such as in the case
of an obese patient not being fully
assessed neurologically. Te inadequate
assessment led to a missed opportunity
to intervene in a devastating,
irreversible neurologic defcit.
Insights from the Florida Physician Advisory Board
by Howard F. Berlin, MD, FACC, President of Cardiovascular Consultants of South Florida, Chairman of The Doctors
Company Florida Physician Advisory Board
I
have the honor of leading the Florida
Physician Advisory Board. I have
been involved in these meetings for the
past four years and always fnd them
incredibly educational.
Our most recent meeting started with
a presentation by Associate General
Counsel Richard Cahill, Esq, on
Recovery Audit Contractors, Zone
Program Integrity Contractors, and
Medicare Prescription Drug Integrity
Contractors. All physicians need
to take the time to understand the
diferent mandates of these entities and
the potential consequences of an audit.
Te Doctors Company is ready to assist
and should be contacted immediately
upon notifcation of an audit.
Te meeting continued with four case
reports. Te cases were interesting
Audit Assistance
If you receive notication of an audit and need assistance, call our Patient Safety Department at
(800) 421-2368, extension 1243. Members also receive MediGuard
Top-Performing Companies
The Doctors Company has been named to
the 2011 Wards 50 top-performing insur-
ance companies.
Ward Group, an insurance industry
management consulting rm and pro-
vider of benchmarking and best practices
services, analyzed the performance of
over 3,000 property-casualty insurance
companies based in the U.S. and chose
the 50 top-performing companies.
We are pleased that Ward Group has
recognized The Doctors Companys nan-
cial strength and consistently excellent
performance, said Richard E. Anderson,
MD, FACP. This award is an afrmation
of our commitment to our mission, to our
members, and to our operational excel-
lence. We are rmly positioned to provide
the industrys most aggressive claims de-
fense and nancially reward our physician
members for their delivery of outstanding
patient care.
This years honor marks the 10th Wards
50 award for The Doctors Company.
The Doctors Company Awarded
UHC Contract
We are proud to announce that UHC,
an alliance of 113 academic medical
centers and 254 of their afliated hospi-
tals, has selected The Doctors Company
to provide professional liability insurance
services for its physicians and surgeons.
The three-year contract is effective as of
July 1, 2011.
We offer UHC members a unique combi-
nation of coverage features. Our under-
writing and pricing models are geared
toward academic medical centers and
complex teaching environments. In
addition, we are noted for our aggressive
approach to claims management, proactive
approach to education, and commitment
to medical-legal reform.
The Doctors Company understands the
complex needs of our UHC members and
offers robust products and services for
them at competitive prices, said Jake
Groenewold, UHCs senior vice president,
Supply Chain.
The Tribute Plan:
Unprecedented Rewards
A career spent practicing good medicine
is an extraordinary accomplishment. We
created the Tribute Plan to reward our
members for their commitment to provid-
ing outstanding patient care and their
loyalty to The Doctors Company.
With more than $175 million in their
Tribute accounts, over 18,000 members
have already qualied for a Tribute distri-
bution when they retireincluding 2,500
members with balances over $20,000.
Estimate your payout or learn more at
www.thedoctors.com/tribute.
THE BACK PAGEINDUSTRY AND COMPANY NEWS
J8355 9/11
A.M. Best Recognizes Our
Financial Strength
We have received an A (Excellent)
rating from leading rating agency
A.M. Best Company.
A.M. Best recognized our consistently
strong nancial results, noting
excellent capitalization, long-term
underwriting protability, favorable
reserve development, and leadership
position in the national medical
professional liability market.
A.M. Best also noted our outstand-
ing benets and member focus, citing
continued support for our physician
members through strong patient safety
programs and dedication to sharing our
nancial success with members through
dividends and the Tribute
Plan.
We are pleased that A.M. Best
recognizes The Doctors Companys
exceptional nancial strength and
mission-driven operational excellence,
said Richard E. Anderson, MD, FACP,
chairman and CEO of The Doctors
Company. Our continued success
ensures that members receive the
most aggressive claims defense,
outstanding service, and industry-
leading member benets.
A.M. Best assigned the A (Excellent)
rating with a stable outlook, based
on excellent underwriting results,
geographic diversication, and success-
ful integration of multiple acquisitions
made within the last six years.
$48,952 is the
highest Tribute
award to date.
I : the doctors advocate