Germanwings plane crash enlivens new debate about duty to protect

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As of this writing, there is much speculation in the press regarding the Germanwings’ copilot’s mental illness, with the implications that taking antidepressants or being depressed should be sufficient reason for a pilot’s never being allowed to fly or get a license to fly.

There is evidence that the airline knew that the copilot, Andreas Lubitz, had a history of depression, and had “suicidal tendencies” in the past, but it is unclear whether that meant suicidal thoughts just crossed his mind or he was seriously contemplating a suicide plan.

(German prosecutors report that searches on suicide were conducted on his computer in the days before the crash, suggesting that he had been considering and likely planning suicide in the preceding days.) Being depressed alone though, without serious thoughts about suicide if he were thought to be well-controlled with antidepressants without excessive sedation, would not necessarily mean that he was unfit to fly. But there might be questions about the adequacy of monitoring his mental state by those able to assess such risks, though suicide cannot always be predicted, especially if patients hide such intent.

Dr. Robert Weinstock

Preliminary reports indicate that Mr. Lubitz was seeing a psychotherapist and a physician in the time before the crash. We do not know what he told them. It is not clear whether he was seeing a psychiatrist. It also looks as if the airline was made aware of the copilot’s past psychiatric problems before hiring him. It does appear that he recently feared losing his job, and it is possible that that might have affected his actions.

Although someone currently suicidal or homicidal undoubtedly should not be allowed to fly, there is no evidence at this time that the pilot communicated to anybody his intent to fly a commercial plane with passengers into a mountain. No mental health professional can adequately assess the risk a patient poses without information from the patient or another reliable source.

Legitimate questions remain whether more could have been done to minimize the risk or whether there were warning signs that should have warranted further evaluation and risk assessment of the copilot. Questions also can arise about what kind of monitoring is needed of those with a history of mental illness working in high-risk jobs such as piloting planes. But currently, there is a serious risk in Germany and even in the United States now of an overreaction to this tragedy that can increase danger by discouraging those with mental illness from getting help.

Dr. William Connor Darby

It has been reported that Mr. Lubitz had a note in his home from his doctor excusing him from flying on the date he crashed the plane. It was not submitted to his employer and he flew anyway. We do not know what the basis for the letter was or what specifically he told his psychotherapist. But the incident nonetheless raises questions about a psychotherapist’s duty to protect in both Germany and the United States. It is important to know that the laws and responsibilities of psychotherapists and physicians in Germany are not the same as those in the United States. In addition, the laws governing the responsibilities of psychotherapists differ even in the United States from one state to another.

The Tarasoff case itself creating the duty to protect in the United States originated in California. The 1974 decision of the California Supreme Court created a duty to warn. But 2 years later in 1976, the duty was changed to a duty to protect potential victims with warning potential victims and notifying the police being solely ways to satisfy the duty to protect. The 1976 decision found potential liability if a psychotherapist knew or should have known that the patient was dangerous. Since the “should have known” language opened up liability for failure to have a crystal ball to accurately predict the future, laws were passed in California and in many other states limiting liability to situations in which a serious threat was made to an identifiable victim.

For some reason, despite the original Tarasoff duty in California being a duty to warn for only 2 years from 1974 to 1976, the Tarasoff duty often was still erroneously referred to as a duty to warn. The ambiguous immunity statute referred to a duty to warn and protect, and this phrase was interpreted to mean the warn part of the duty could be satisfied only by warning. As a result, legislation was passed clarifying that the duty is to protect in California and not to warn. Warning the victim and notifying the police does, however, confer immunity from liability.

 

 

Other states have duties to protect and even duties to warn. Some have permissive but not required duties to protect or warn. Some have no such duties at all. So there are tremendous variations in such duties across the country with some states having no such duty at all.

According to a March 30 article in the Washington Post, Germany, in part in reaction to its Nazi past and the Communist past in East Germany, tries especially hard to limit intrusion into personal privacy. Although doctors in Germany can violate confidentiality for protective reasons, they can face steep legal repercussions if the confidentiality violations are later thought unwarranted. “Violations of medical privacy can carry criminal sentences of up to five years in jail.” Of course we do not know what the copilot told his psychotherapist or physician, but it is possible that fear of such penalties could intimidate professionals from taking a risk of notifying authorities since they face no penalty for opting not to report such information.

In contrast, California now allows confidentiality violations for protective reasons even for dangers that do not meet the duty to protect. It does not want psychotherapists to fear liability for notifying authorities in order to protect the public. California civil code 56.10 (19) in referring to release of confidential medical information now reads that information may be disclosed “if the psychotherapist in good faith believes the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a reasonably foreseeable victim or victims, and the disclosure is made to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat.”

Although we do not know what the copilot told his psychotherapist, it is important to keep in mind that the psychotherapist’s duty very much depends on the country and jurisdiction. Some legal changes might be necessary, and there might well be better monitoring of those with a serious mental illness in highly sensitive positions, but it is important not to overreact in ways that increase the dangers by increasing the stigma of mental illness unjustifiably. Stigma can discourage those with mental disorders from getting the help they need and cause people to hide any evidence of illness. Furthermore, overly frantic efforts to protect the public could discourage needed treatment and end up putting the public at even greater risk.

Dr. Weinstock is health sciences clinical professor of psychiatry, David Geffen School of Medicine, University of California, Los Angeles. He also is immediate past president of the American Academy of Psychiatry and the Law, and has coauthored or edited several textbooks about ethical practices in forensic psychiatry.

Dr. Darby is a current resident in the UCLA Semel Institute for Neuroscience and Human Behavior psychiatry residency program and a graduate of the Perelman School of Medicine at the University of Pennsylvania. He received his bachelor of arts degree from Swarthmore College in Pennsylvania with a special major in psychobiology.

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As of this writing, there is much speculation in the press regarding the Germanwings’ copilot’s mental illness, with the implications that taking antidepressants or being depressed should be sufficient reason for a pilot’s never being allowed to fly or get a license to fly.

There is evidence that the airline knew that the copilot, Andreas Lubitz, had a history of depression, and had “suicidal tendencies” in the past, but it is unclear whether that meant suicidal thoughts just crossed his mind or he was seriously contemplating a suicide plan.

(German prosecutors report that searches on suicide were conducted on his computer in the days before the crash, suggesting that he had been considering and likely planning suicide in the preceding days.) Being depressed alone though, without serious thoughts about suicide if he were thought to be well-controlled with antidepressants without excessive sedation, would not necessarily mean that he was unfit to fly. But there might be questions about the adequacy of monitoring his mental state by those able to assess such risks, though suicide cannot always be predicted, especially if patients hide such intent.

Dr. Robert Weinstock

Preliminary reports indicate that Mr. Lubitz was seeing a psychotherapist and a physician in the time before the crash. We do not know what he told them. It is not clear whether he was seeing a psychiatrist. It also looks as if the airline was made aware of the copilot’s past psychiatric problems before hiring him. It does appear that he recently feared losing his job, and it is possible that that might have affected his actions.

Although someone currently suicidal or homicidal undoubtedly should not be allowed to fly, there is no evidence at this time that the pilot communicated to anybody his intent to fly a commercial plane with passengers into a mountain. No mental health professional can adequately assess the risk a patient poses without information from the patient or another reliable source.

Legitimate questions remain whether more could have been done to minimize the risk or whether there were warning signs that should have warranted further evaluation and risk assessment of the copilot. Questions also can arise about what kind of monitoring is needed of those with a history of mental illness working in high-risk jobs such as piloting planes. But currently, there is a serious risk in Germany and even in the United States now of an overreaction to this tragedy that can increase danger by discouraging those with mental illness from getting help.

Dr. William Connor Darby

It has been reported that Mr. Lubitz had a note in his home from his doctor excusing him from flying on the date he crashed the plane. It was not submitted to his employer and he flew anyway. We do not know what the basis for the letter was or what specifically he told his psychotherapist. But the incident nonetheless raises questions about a psychotherapist’s duty to protect in both Germany and the United States. It is important to know that the laws and responsibilities of psychotherapists and physicians in Germany are not the same as those in the United States. In addition, the laws governing the responsibilities of psychotherapists differ even in the United States from one state to another.

The Tarasoff case itself creating the duty to protect in the United States originated in California. The 1974 decision of the California Supreme Court created a duty to warn. But 2 years later in 1976, the duty was changed to a duty to protect potential victims with warning potential victims and notifying the police being solely ways to satisfy the duty to protect. The 1976 decision found potential liability if a psychotherapist knew or should have known that the patient was dangerous. Since the “should have known” language opened up liability for failure to have a crystal ball to accurately predict the future, laws were passed in California and in many other states limiting liability to situations in which a serious threat was made to an identifiable victim.

For some reason, despite the original Tarasoff duty in California being a duty to warn for only 2 years from 1974 to 1976, the Tarasoff duty often was still erroneously referred to as a duty to warn. The ambiguous immunity statute referred to a duty to warn and protect, and this phrase was interpreted to mean the warn part of the duty could be satisfied only by warning. As a result, legislation was passed clarifying that the duty is to protect in California and not to warn. Warning the victim and notifying the police does, however, confer immunity from liability.

 

 

Other states have duties to protect and even duties to warn. Some have permissive but not required duties to protect or warn. Some have no such duties at all. So there are tremendous variations in such duties across the country with some states having no such duty at all.

According to a March 30 article in the Washington Post, Germany, in part in reaction to its Nazi past and the Communist past in East Germany, tries especially hard to limit intrusion into personal privacy. Although doctors in Germany can violate confidentiality for protective reasons, they can face steep legal repercussions if the confidentiality violations are later thought unwarranted. “Violations of medical privacy can carry criminal sentences of up to five years in jail.” Of course we do not know what the copilot told his psychotherapist or physician, but it is possible that fear of such penalties could intimidate professionals from taking a risk of notifying authorities since they face no penalty for opting not to report such information.

In contrast, California now allows confidentiality violations for protective reasons even for dangers that do not meet the duty to protect. It does not want psychotherapists to fear liability for notifying authorities in order to protect the public. California civil code 56.10 (19) in referring to release of confidential medical information now reads that information may be disclosed “if the psychotherapist in good faith believes the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a reasonably foreseeable victim or victims, and the disclosure is made to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat.”

Although we do not know what the copilot told his psychotherapist, it is important to keep in mind that the psychotherapist’s duty very much depends on the country and jurisdiction. Some legal changes might be necessary, and there might well be better monitoring of those with a serious mental illness in highly sensitive positions, but it is important not to overreact in ways that increase the dangers by increasing the stigma of mental illness unjustifiably. Stigma can discourage those with mental disorders from getting the help they need and cause people to hide any evidence of illness. Furthermore, overly frantic efforts to protect the public could discourage needed treatment and end up putting the public at even greater risk.

Dr. Weinstock is health sciences clinical professor of psychiatry, David Geffen School of Medicine, University of California, Los Angeles. He also is immediate past president of the American Academy of Psychiatry and the Law, and has coauthored or edited several textbooks about ethical practices in forensic psychiatry.

Dr. Darby is a current resident in the UCLA Semel Institute for Neuroscience and Human Behavior psychiatry residency program and a graduate of the Perelman School of Medicine at the University of Pennsylvania. He received his bachelor of arts degree from Swarthmore College in Pennsylvania with a special major in psychobiology.

As of this writing, there is much speculation in the press regarding the Germanwings’ copilot’s mental illness, with the implications that taking antidepressants or being depressed should be sufficient reason for a pilot’s never being allowed to fly or get a license to fly.

There is evidence that the airline knew that the copilot, Andreas Lubitz, had a history of depression, and had “suicidal tendencies” in the past, but it is unclear whether that meant suicidal thoughts just crossed his mind or he was seriously contemplating a suicide plan.

(German prosecutors report that searches on suicide were conducted on his computer in the days before the crash, suggesting that he had been considering and likely planning suicide in the preceding days.) Being depressed alone though, without serious thoughts about suicide if he were thought to be well-controlled with antidepressants without excessive sedation, would not necessarily mean that he was unfit to fly. But there might be questions about the adequacy of monitoring his mental state by those able to assess such risks, though suicide cannot always be predicted, especially if patients hide such intent.

Dr. Robert Weinstock

Preliminary reports indicate that Mr. Lubitz was seeing a psychotherapist and a physician in the time before the crash. We do not know what he told them. It is not clear whether he was seeing a psychiatrist. It also looks as if the airline was made aware of the copilot’s past psychiatric problems before hiring him. It does appear that he recently feared losing his job, and it is possible that that might have affected his actions.

Although someone currently suicidal or homicidal undoubtedly should not be allowed to fly, there is no evidence at this time that the pilot communicated to anybody his intent to fly a commercial plane with passengers into a mountain. No mental health professional can adequately assess the risk a patient poses without information from the patient or another reliable source.

Legitimate questions remain whether more could have been done to minimize the risk or whether there were warning signs that should have warranted further evaluation and risk assessment of the copilot. Questions also can arise about what kind of monitoring is needed of those with a history of mental illness working in high-risk jobs such as piloting planes. But currently, there is a serious risk in Germany and even in the United States now of an overreaction to this tragedy that can increase danger by discouraging those with mental illness from getting help.

Dr. William Connor Darby

It has been reported that Mr. Lubitz had a note in his home from his doctor excusing him from flying on the date he crashed the plane. It was not submitted to his employer and he flew anyway. We do not know what the basis for the letter was or what specifically he told his psychotherapist. But the incident nonetheless raises questions about a psychotherapist’s duty to protect in both Germany and the United States. It is important to know that the laws and responsibilities of psychotherapists and physicians in Germany are not the same as those in the United States. In addition, the laws governing the responsibilities of psychotherapists differ even in the United States from one state to another.

The Tarasoff case itself creating the duty to protect in the United States originated in California. The 1974 decision of the California Supreme Court created a duty to warn. But 2 years later in 1976, the duty was changed to a duty to protect potential victims with warning potential victims and notifying the police being solely ways to satisfy the duty to protect. The 1976 decision found potential liability if a psychotherapist knew or should have known that the patient was dangerous. Since the “should have known” language opened up liability for failure to have a crystal ball to accurately predict the future, laws were passed in California and in many other states limiting liability to situations in which a serious threat was made to an identifiable victim.

For some reason, despite the original Tarasoff duty in California being a duty to warn for only 2 years from 1974 to 1976, the Tarasoff duty often was still erroneously referred to as a duty to warn. The ambiguous immunity statute referred to a duty to warn and protect, and this phrase was interpreted to mean the warn part of the duty could be satisfied only by warning. As a result, legislation was passed clarifying that the duty is to protect in California and not to warn. Warning the victim and notifying the police does, however, confer immunity from liability.

 

 

Other states have duties to protect and even duties to warn. Some have permissive but not required duties to protect or warn. Some have no such duties at all. So there are tremendous variations in such duties across the country with some states having no such duty at all.

According to a March 30 article in the Washington Post, Germany, in part in reaction to its Nazi past and the Communist past in East Germany, tries especially hard to limit intrusion into personal privacy. Although doctors in Germany can violate confidentiality for protective reasons, they can face steep legal repercussions if the confidentiality violations are later thought unwarranted. “Violations of medical privacy can carry criminal sentences of up to five years in jail.” Of course we do not know what the copilot told his psychotherapist or physician, but it is possible that fear of such penalties could intimidate professionals from taking a risk of notifying authorities since they face no penalty for opting not to report such information.

In contrast, California now allows confidentiality violations for protective reasons even for dangers that do not meet the duty to protect. It does not want psychotherapists to fear liability for notifying authorities in order to protect the public. California civil code 56.10 (19) in referring to release of confidential medical information now reads that information may be disclosed “if the psychotherapist in good faith believes the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a reasonably foreseeable victim or victims, and the disclosure is made to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat.”

Although we do not know what the copilot told his psychotherapist, it is important to keep in mind that the psychotherapist’s duty very much depends on the country and jurisdiction. Some legal changes might be necessary, and there might well be better monitoring of those with a serious mental illness in highly sensitive positions, but it is important not to overreact in ways that increase the dangers by increasing the stigma of mental illness unjustifiably. Stigma can discourage those with mental disorders from getting the help they need and cause people to hide any evidence of illness. Furthermore, overly frantic efforts to protect the public could discourage needed treatment and end up putting the public at even greater risk.

Dr. Weinstock is health sciences clinical professor of psychiatry, David Geffen School of Medicine, University of California, Los Angeles. He also is immediate past president of the American Academy of Psychiatry and the Law, and has coauthored or edited several textbooks about ethical practices in forensic psychiatry.

Dr. Darby is a current resident in the UCLA Semel Institute for Neuroscience and Human Behavior psychiatry residency program and a graduate of the Perelman School of Medicine at the University of Pennsylvania. He received his bachelor of arts degree from Swarthmore College in Pennsylvania with a special major in psychobiology.

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Neurology’s archaic tests, past and future

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It’s not uncommon to read about neurologists of yore and be stunned, if not horrified, to think of what they had to work with.

Going back perhaps 100 years, it wasn’t uncommon for anyone with a head injury and hemiparesis to have one (or more) burr holes placed in hope of draining a subdural hematoma causing the symptoms.

In more recent memory was the dreaded ventriculogram, or pneumoencephalogram: A painful procedure in which a lumbar puncture was done in order to blow air bubbles into the spinal fluid, then use skull X-rays to watch them outline the ventricles and other structures to look for midline shift.

Dr. Allan M. Block

I remember one of my old teachers (RIP, Al) recalling that imaging in his younger era consisted of a cerebral angiogram to look for displaced vessels and an EEG for focal slowing.

The CT scan obviously changed all that, with its excellent noninvasive imaging of the brain, and the MRI made things even better by several orders of magnitude.

But where are we now? As frightening as the practices of 50-100 years ago may seem now, we have to keep in mind that, to the doctors using them, they were at the cutting edge of medical technology. They weren’t saying “this would be so much easier if the MRI had been invented.”

None of us can clearly see what the next big advances will be. We use what we have, knowing it’s the best we can do. As the leading philosopher of our era (Yogi Berra) said, “It’s tough to make predictions, especially about the future.”

So what will future doctors think of us? What tests will they look at and shudder, asking, “They actually DID that to people?”

I’m sure the CT-myelogram will be one of them. It is perhaps the last descendant of the pneumoencephalogram still in use; it’s done uncommonly, but still has value. For those who can’t have an MRI or where confirmation of an MRI is needed, it’s quite accurate.

What other tests will be considered archaic? The EMG/NCV [electromyogram and nerve conduction studies]? Lumbar puncture? Cerebral angiogram?

Of course, these are just in neurology. Every field is going to have a past test that today is looked upon with horror, and the knowledge that someday another generation will look at us the same way.

Like all scientific disciplines, what we do is based on the foundation laid by those before us, and it’s up to the next generation to push the horizon further back.

Dr. Block has a solo neurology practice in Scottsdale, Ariz.

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It’s not uncommon to read about neurologists of yore and be stunned, if not horrified, to think of what they had to work with.

Going back perhaps 100 years, it wasn’t uncommon for anyone with a head injury and hemiparesis to have one (or more) burr holes placed in hope of draining a subdural hematoma causing the symptoms.

In more recent memory was the dreaded ventriculogram, or pneumoencephalogram: A painful procedure in which a lumbar puncture was done in order to blow air bubbles into the spinal fluid, then use skull X-rays to watch them outline the ventricles and other structures to look for midline shift.

Dr. Allan M. Block

I remember one of my old teachers (RIP, Al) recalling that imaging in his younger era consisted of a cerebral angiogram to look for displaced vessels and an EEG for focal slowing.

The CT scan obviously changed all that, with its excellent noninvasive imaging of the brain, and the MRI made things even better by several orders of magnitude.

But where are we now? As frightening as the practices of 50-100 years ago may seem now, we have to keep in mind that, to the doctors using them, they were at the cutting edge of medical technology. They weren’t saying “this would be so much easier if the MRI had been invented.”

None of us can clearly see what the next big advances will be. We use what we have, knowing it’s the best we can do. As the leading philosopher of our era (Yogi Berra) said, “It’s tough to make predictions, especially about the future.”

So what will future doctors think of us? What tests will they look at and shudder, asking, “They actually DID that to people?”

I’m sure the CT-myelogram will be one of them. It is perhaps the last descendant of the pneumoencephalogram still in use; it’s done uncommonly, but still has value. For those who can’t have an MRI or where confirmation of an MRI is needed, it’s quite accurate.

What other tests will be considered archaic? The EMG/NCV [electromyogram and nerve conduction studies]? Lumbar puncture? Cerebral angiogram?

Of course, these are just in neurology. Every field is going to have a past test that today is looked upon with horror, and the knowledge that someday another generation will look at us the same way.

Like all scientific disciplines, what we do is based on the foundation laid by those before us, and it’s up to the next generation to push the horizon further back.

Dr. Block has a solo neurology practice in Scottsdale, Ariz.

It’s not uncommon to read about neurologists of yore and be stunned, if not horrified, to think of what they had to work with.

Going back perhaps 100 years, it wasn’t uncommon for anyone with a head injury and hemiparesis to have one (or more) burr holes placed in hope of draining a subdural hematoma causing the symptoms.

In more recent memory was the dreaded ventriculogram, or pneumoencephalogram: A painful procedure in which a lumbar puncture was done in order to blow air bubbles into the spinal fluid, then use skull X-rays to watch them outline the ventricles and other structures to look for midline shift.

Dr. Allan M. Block

I remember one of my old teachers (RIP, Al) recalling that imaging in his younger era consisted of a cerebral angiogram to look for displaced vessels and an EEG for focal slowing.

The CT scan obviously changed all that, with its excellent noninvasive imaging of the brain, and the MRI made things even better by several orders of magnitude.

But where are we now? As frightening as the practices of 50-100 years ago may seem now, we have to keep in mind that, to the doctors using them, they were at the cutting edge of medical technology. They weren’t saying “this would be so much easier if the MRI had been invented.”

None of us can clearly see what the next big advances will be. We use what we have, knowing it’s the best we can do. As the leading philosopher of our era (Yogi Berra) said, “It’s tough to make predictions, especially about the future.”

So what will future doctors think of us? What tests will they look at and shudder, asking, “They actually DID that to people?”

I’m sure the CT-myelogram will be one of them. It is perhaps the last descendant of the pneumoencephalogram still in use; it’s done uncommonly, but still has value. For those who can’t have an MRI or where confirmation of an MRI is needed, it’s quite accurate.

What other tests will be considered archaic? The EMG/NCV [electromyogram and nerve conduction studies]? Lumbar puncture? Cerebral angiogram?

Of course, these are just in neurology. Every field is going to have a past test that today is looked upon with horror, and the knowledge that someday another generation will look at us the same way.

Like all scientific disciplines, what we do is based on the foundation laid by those before us, and it’s up to the next generation to push the horizon further back.

Dr. Block has a solo neurology practice in Scottsdale, Ariz.

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The ‘connected’ health care consumer

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Eighteenth-century French philosopher Voltaire – amongst his many other pithy and lasting axioms – notably wrote: “God gave us the gift of life; it is up to us to give ourselves the gift of living well.” Almost 300 years later, his observation seems more salient and timely than ever. In the 21st century, we find ourselves in an era of technology unimaginable by Voltaire – one that empowers individuals to live better than ever, with tools no longer limited to the intellectual or aristocratic elite.

Accordingly, this month we thought it would be refreshing to take a break from looking back at the trials and tribulation caused by Meaningful Use in 2014, and look forward to the advantages and challenges promised by the consumer-focused health care technology market of 2015 and beyond. After all, we need only walk into the local Wal-Mart to be confronted with devices aimed at improving everything from sleep to diabetes, and our patients are clearly starting to take notice. Much more disruptive than the Internet revolution of the past 20 years, emerging technology promises not only to educate, but also diagnose, leading to an entirely different definition of “informed patients.” Like it or not, this is the new generation of “connected health,” and it is poised to reshape health care delivery in the very near future. We’ll review some of the recent innovations here.

Dr. Neil Skolnik and Dr. Chris Notte

‘Steps’ to achieve better health

While you might be challenged to recall the introduction of the mechanical pedometer by Thomas Jefferson in the 1700s, you no doubt recall the digital pedometer revolution of the 1990s. Seemingly overnight, these small belt-worn novelties began showing up on waistbands everywhere, easily confused for small pagers. Initially, the goal of owning a pedometer was simple: get to 10,000 steps a day to achieve better health. But the pedometers of today are far from simple. Now, they are worn on the wrist, or embedded in our phones, and track everything from calories burned to hours and quality of sleep. What’s more, they are integrated with health and wellness smartphone apps and often form the center of diet and fitness plans.

It’s hard to argue with the value of devices such as Fitbits and FuelBands as they encourage our patients (and even ourselves) to engage in more healthful and active lifestyles, but these are really just the beginning of the connected movement. Things really become interesting for physicians when patients choose to advance to the next level of technology and move from wellness tracking to disease management and diagnosis.

Beyond the Fitbit: Personal diagnostic technology

All of us encourage patients to monitor their blood pressures and blood glucose levels at home, as this can provide multiple data points crucial for proper management and medication dosing. But patients are no longer limited to just taking measurements and recording them on a paper log. Like the modern pedometers described above, BP cuffs and glucometers can now fully integrate with smartphone apps, leading to a whole new world of data integration. What’s more, the software can help patients self-manage their conditions, make recommendations on lifestyle modifications, and even suggest treatment options.

But personal medical gadgets are not just limited to upgraded versions of time-honored devices. Advancement in sensor and cloud-based technologies have paved the way for entirely new categories of diagnostic equipment. One such device, the S+ by ResMed (a respected respiratory equipment manufacturer), is a small box that sits on a bedside table. It is billed as “the first non-contact sleep sensor,” and ResMed claims it will “track and better understand your sleeping patterns, and then create personalized feedback and suggestions to help improve your sleep.” Not surprisingly, the S+ integrates with your smartphone, and even includes multiple sensors, smart alarms, and other tools to improve your sleep experience.

Another device currently in clinical trials is the Scanadu Scout, described by creators as a “medical tricorder” (an intentional reference to Star Trek). Integrating a thermometer, blood pressure sensor, pulsometer, pulse oximeter, and 2-lead EKG into a device about half the size of a hockey puck, the Scout collects and communicates data to a smartphone via Bluetooth. This could make it easier than ever for patients to compile cardiovascular data to share with their physicians, especially as a growing number of ambulatory EMRs offer the ability to submit these readings directly into the medical record through a web portal.

On a final note, we would be remiss if we didn’t mention the growing range of home blood-testing kits that offer everything from hemoglobin A1C measurements to complete genome sequencing. All of these innovations signal a shift away from the idea of the medical home being the physician’s office, while keeping the patient squarely at the center of care delivery.

 

 

Shifting the data paradigm

Try as we might to avoid it, it is difficult for us to discuss emerging trends in medicine without mentioning Meaningful Use. Thus we feel compelled to mention that the MU Stage III proposed rule (which we will be discussing at length in future columns) includes language about connected medical devices. Under the header of “Active Patient Engagement,” the rule requires that physicians incorporate health data from nonclinical settings for 15% of patients. This leads us to ponder several questions. First, how will we handle this new onslaught of health information? How should it affect our medical decision making? And finally, what is our role as patients embrace these new technologies to take increasing ownership of their own care. Returning to the words of Voltaire we find comfort in this: “The fine art of medicine consists of amusing the patient while nature cures the disease.” Perhaps the paradigm hasn’t changed much at all. Perhaps patients have simply found new ways to be amused.

Dr. Notte is a family physician and clinical informaticist for Abington (Pa.) Memorial Hospital. He is a partner in EHR Practice Consultants, a firm that aids physicians in adopting electronic health records. Dr. Skolnik is associate director of the family medicine residency program at Abington Memorial Hospital and professor of family and community medicine at Temple University in Philadelphia.

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Eighteenth-century French philosopher Voltaire – amongst his many other pithy and lasting axioms – notably wrote: “God gave us the gift of life; it is up to us to give ourselves the gift of living well.” Almost 300 years later, his observation seems more salient and timely than ever. In the 21st century, we find ourselves in an era of technology unimaginable by Voltaire – one that empowers individuals to live better than ever, with tools no longer limited to the intellectual or aristocratic elite.

Accordingly, this month we thought it would be refreshing to take a break from looking back at the trials and tribulation caused by Meaningful Use in 2014, and look forward to the advantages and challenges promised by the consumer-focused health care technology market of 2015 and beyond. After all, we need only walk into the local Wal-Mart to be confronted with devices aimed at improving everything from sleep to diabetes, and our patients are clearly starting to take notice. Much more disruptive than the Internet revolution of the past 20 years, emerging technology promises not only to educate, but also diagnose, leading to an entirely different definition of “informed patients.” Like it or not, this is the new generation of “connected health,” and it is poised to reshape health care delivery in the very near future. We’ll review some of the recent innovations here.

Dr. Neil Skolnik and Dr. Chris Notte

‘Steps’ to achieve better health

While you might be challenged to recall the introduction of the mechanical pedometer by Thomas Jefferson in the 1700s, you no doubt recall the digital pedometer revolution of the 1990s. Seemingly overnight, these small belt-worn novelties began showing up on waistbands everywhere, easily confused for small pagers. Initially, the goal of owning a pedometer was simple: get to 10,000 steps a day to achieve better health. But the pedometers of today are far from simple. Now, they are worn on the wrist, or embedded in our phones, and track everything from calories burned to hours and quality of sleep. What’s more, they are integrated with health and wellness smartphone apps and often form the center of diet and fitness plans.

It’s hard to argue with the value of devices such as Fitbits and FuelBands as they encourage our patients (and even ourselves) to engage in more healthful and active lifestyles, but these are really just the beginning of the connected movement. Things really become interesting for physicians when patients choose to advance to the next level of technology and move from wellness tracking to disease management and diagnosis.

Beyond the Fitbit: Personal diagnostic technology

All of us encourage patients to monitor their blood pressures and blood glucose levels at home, as this can provide multiple data points crucial for proper management and medication dosing. But patients are no longer limited to just taking measurements and recording them on a paper log. Like the modern pedometers described above, BP cuffs and glucometers can now fully integrate with smartphone apps, leading to a whole new world of data integration. What’s more, the software can help patients self-manage their conditions, make recommendations on lifestyle modifications, and even suggest treatment options.

But personal medical gadgets are not just limited to upgraded versions of time-honored devices. Advancement in sensor and cloud-based technologies have paved the way for entirely new categories of diagnostic equipment. One such device, the S+ by ResMed (a respected respiratory equipment manufacturer), is a small box that sits on a bedside table. It is billed as “the first non-contact sleep sensor,” and ResMed claims it will “track and better understand your sleeping patterns, and then create personalized feedback and suggestions to help improve your sleep.” Not surprisingly, the S+ integrates with your smartphone, and even includes multiple sensors, smart alarms, and other tools to improve your sleep experience.

Another device currently in clinical trials is the Scanadu Scout, described by creators as a “medical tricorder” (an intentional reference to Star Trek). Integrating a thermometer, blood pressure sensor, pulsometer, pulse oximeter, and 2-lead EKG into a device about half the size of a hockey puck, the Scout collects and communicates data to a smartphone via Bluetooth. This could make it easier than ever for patients to compile cardiovascular data to share with their physicians, especially as a growing number of ambulatory EMRs offer the ability to submit these readings directly into the medical record through a web portal.

On a final note, we would be remiss if we didn’t mention the growing range of home blood-testing kits that offer everything from hemoglobin A1C measurements to complete genome sequencing. All of these innovations signal a shift away from the idea of the medical home being the physician’s office, while keeping the patient squarely at the center of care delivery.

 

 

Shifting the data paradigm

Try as we might to avoid it, it is difficult for us to discuss emerging trends in medicine without mentioning Meaningful Use. Thus we feel compelled to mention that the MU Stage III proposed rule (which we will be discussing at length in future columns) includes language about connected medical devices. Under the header of “Active Patient Engagement,” the rule requires that physicians incorporate health data from nonclinical settings for 15% of patients. This leads us to ponder several questions. First, how will we handle this new onslaught of health information? How should it affect our medical decision making? And finally, what is our role as patients embrace these new technologies to take increasing ownership of their own care. Returning to the words of Voltaire we find comfort in this: “The fine art of medicine consists of amusing the patient while nature cures the disease.” Perhaps the paradigm hasn’t changed much at all. Perhaps patients have simply found new ways to be amused.

Dr. Notte is a family physician and clinical informaticist for Abington (Pa.) Memorial Hospital. He is a partner in EHR Practice Consultants, a firm that aids physicians in adopting electronic health records. Dr. Skolnik is associate director of the family medicine residency program at Abington Memorial Hospital and professor of family and community medicine at Temple University in Philadelphia.

Eighteenth-century French philosopher Voltaire – amongst his many other pithy and lasting axioms – notably wrote: “God gave us the gift of life; it is up to us to give ourselves the gift of living well.” Almost 300 years later, his observation seems more salient and timely than ever. In the 21st century, we find ourselves in an era of technology unimaginable by Voltaire – one that empowers individuals to live better than ever, with tools no longer limited to the intellectual or aristocratic elite.

Accordingly, this month we thought it would be refreshing to take a break from looking back at the trials and tribulation caused by Meaningful Use in 2014, and look forward to the advantages and challenges promised by the consumer-focused health care technology market of 2015 and beyond. After all, we need only walk into the local Wal-Mart to be confronted with devices aimed at improving everything from sleep to diabetes, and our patients are clearly starting to take notice. Much more disruptive than the Internet revolution of the past 20 years, emerging technology promises not only to educate, but also diagnose, leading to an entirely different definition of “informed patients.” Like it or not, this is the new generation of “connected health,” and it is poised to reshape health care delivery in the very near future. We’ll review some of the recent innovations here.

Dr. Neil Skolnik and Dr. Chris Notte

‘Steps’ to achieve better health

While you might be challenged to recall the introduction of the mechanical pedometer by Thomas Jefferson in the 1700s, you no doubt recall the digital pedometer revolution of the 1990s. Seemingly overnight, these small belt-worn novelties began showing up on waistbands everywhere, easily confused for small pagers. Initially, the goal of owning a pedometer was simple: get to 10,000 steps a day to achieve better health. But the pedometers of today are far from simple. Now, they are worn on the wrist, or embedded in our phones, and track everything from calories burned to hours and quality of sleep. What’s more, they are integrated with health and wellness smartphone apps and often form the center of diet and fitness plans.

It’s hard to argue with the value of devices such as Fitbits and FuelBands as they encourage our patients (and even ourselves) to engage in more healthful and active lifestyles, but these are really just the beginning of the connected movement. Things really become interesting for physicians when patients choose to advance to the next level of technology and move from wellness tracking to disease management and diagnosis.

Beyond the Fitbit: Personal diagnostic technology

All of us encourage patients to monitor their blood pressures and blood glucose levels at home, as this can provide multiple data points crucial for proper management and medication dosing. But patients are no longer limited to just taking measurements and recording them on a paper log. Like the modern pedometers described above, BP cuffs and glucometers can now fully integrate with smartphone apps, leading to a whole new world of data integration. What’s more, the software can help patients self-manage their conditions, make recommendations on lifestyle modifications, and even suggest treatment options.

But personal medical gadgets are not just limited to upgraded versions of time-honored devices. Advancement in sensor and cloud-based technologies have paved the way for entirely new categories of diagnostic equipment. One such device, the S+ by ResMed (a respected respiratory equipment manufacturer), is a small box that sits on a bedside table. It is billed as “the first non-contact sleep sensor,” and ResMed claims it will “track and better understand your sleeping patterns, and then create personalized feedback and suggestions to help improve your sleep.” Not surprisingly, the S+ integrates with your smartphone, and even includes multiple sensors, smart alarms, and other tools to improve your sleep experience.

Another device currently in clinical trials is the Scanadu Scout, described by creators as a “medical tricorder” (an intentional reference to Star Trek). Integrating a thermometer, blood pressure sensor, pulsometer, pulse oximeter, and 2-lead EKG into a device about half the size of a hockey puck, the Scout collects and communicates data to a smartphone via Bluetooth. This could make it easier than ever for patients to compile cardiovascular data to share with their physicians, especially as a growing number of ambulatory EMRs offer the ability to submit these readings directly into the medical record through a web portal.

On a final note, we would be remiss if we didn’t mention the growing range of home blood-testing kits that offer everything from hemoglobin A1C measurements to complete genome sequencing. All of these innovations signal a shift away from the idea of the medical home being the physician’s office, while keeping the patient squarely at the center of care delivery.

 

 

Shifting the data paradigm

Try as we might to avoid it, it is difficult for us to discuss emerging trends in medicine without mentioning Meaningful Use. Thus we feel compelled to mention that the MU Stage III proposed rule (which we will be discussing at length in future columns) includes language about connected medical devices. Under the header of “Active Patient Engagement,” the rule requires that physicians incorporate health data from nonclinical settings for 15% of patients. This leads us to ponder several questions. First, how will we handle this new onslaught of health information? How should it affect our medical decision making? And finally, what is our role as patients embrace these new technologies to take increasing ownership of their own care. Returning to the words of Voltaire we find comfort in this: “The fine art of medicine consists of amusing the patient while nature cures the disease.” Perhaps the paradigm hasn’t changed much at all. Perhaps patients have simply found new ways to be amused.

Dr. Notte is a family physician and clinical informaticist for Abington (Pa.) Memorial Hospital. He is a partner in EHR Practice Consultants, a firm that aids physicians in adopting electronic health records. Dr. Skolnik is associate director of the family medicine residency program at Abington Memorial Hospital and professor of family and community medicine at Temple University in Philadelphia.

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Law & Medicine: class-action lawsuits

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Question: Choose the single best answer to complete the statement, “A class-action lawsuit ...”

A. Is a legal cause of action for a wrongful act perpetrated by a class of wrongdoers.

B. Requires prior certification by a judge before it can go forward.

C. Is appropriate where the claims of a few injured victims can be joined together against a common wrongdoer.

D. Fulfills twin criteria of numerosity and commonality.

E. Can only be filed where there are substantial monetary damages at issue.

Answer: B. A class-action lawsuit describes a legal cause of action where a representative plaintiff(s), known as the lead plaintiff, asserts claims on behalf of a large class of similarly injured members, who then give up their rights to pursue an individual lawsuit. Class-action suits are distinguished from the usual lawsuit, which characteristically affects only one or a few plaintiffs.

Dr. Siang Yong Tan

Four prerequisites govern an action before it can be deemed a class action: numerosity, commonality, typicality, and adequacy. These are words of art, with specific definitions.

Numerosity denotes a large class membership, usually exceeding 30-40, and sometimes numbering in the thousands, such that the usual joining together of a few injured plaintiffs is not practical. Commonality speaks to common questions of fact and law, typicality requires the claim(s) of the representative plaintiff to match that of the class members, and adequacy demands that the representation of the class members be adequate.

These rules, as well as other important technicalities governing class action, are enumerated in the Federal Rules of Civil Procedure under Rule 23.12Wal-Mart Stores, Inc. v. Dukes et al., where Wal-Mart was alleged to have violated Title VII of the Civil Rights Act of 1964 by having disparate wages and promotion reflecting gender discrimination.3 The plaintiffs sought an injunction against the alleged practice, as well as monetary damages. An earlier ruling of the U.S. Court of Appeals for the Ninth Circuit gave the green light to this sprawling nationwide class action.

It had started out with Betty Dukes and five other women employees, but grew to more than 1.5 million female Wal-Mart employees. However, on appeal, the U.S. Supreme Court reversed, holding that the certification of the plaintiff class was not consistent with Rule 23(a), as the prerequisite of commonality was not fulfilled. The Supreme Court also disallowed the claim for monetary relief, as it was not incidental or secondary to the injunction sought.

Class-action suits are commonly encountered in mass torts, where a product or accident causes injury to numerous individuals. Other situations include environmental pollution, securities fraud, and improper employment practices.

A favorite target is in the health care industry, where manufacturers of drugs and medical devices face allegations that defective products have been allowed to enter the market, causing harm to end users.

An example is the silicon breast implant litigation of the 1990s. The Food and Drug Administration had placed breast implants in the category of medical products and learned that the Dow Corning Corporation, which manufactured the silicon implants, had withheld safety information. The FDA severely restricted the use of these implants, which predictably led to widespread litigation with billions of dollars of judgment awards and settlements.45 and the FDA subsequently required the revision of the package insert of Lipitor and other statins to warn of this association. In 2013, a large Canadian study confirmed the increased incidence of new-onset diabetes in patients taking atorvastatin (hazard ratio, 1.22) or simvastatin.6

However, the outcome of the trial may turn on whether the clear health benefit of lowering serum cholesterol outweighs any purported safety concern.

A fast-growing trend is the filing of class-action suits against nursing homes for providing inadequate care. This is not unexpected, because large numbers of nursing home residents have a common concern over any breach of safety, hygiene, or other statutorily mandated standards of nursing home care. This important topic will be taken up in a subsequent column.

References

1. Available at www.classactionlitigation.com/rule23.html.

2. Mullenix LS. Ending class actions as we know them: rethinking the American class action. Emory Law J. 2014;64:399-449.

3. Wal-Mart Stores, Inc. v. Dukes et al.131 S. Ct. 2541 (2011).

4. Snyder JW. Silicon breast implants. Can emerging medical, legal and scientific concepts be reconciled? J. Leg. Med. 1997;18:133-220.

5. Sattar N, et al. Statins and risk of incident diabetes: a collaborative meta-analysis of randomised statin trials. Lancet 2010;375:735-42.

6. Carter AC, et al. Risk of incident diabetes among patients treated with statins: population based study. BMJ 2013;346:f2610.

Dr. Tan is emeritus professor of medicine and former adjunct professor of law at the University of Hawaii, and currently directs the St. Francis International Center for Healthcare Ethics in Honolulu. This article is meant to be educational and does not constitute medical, ethical, or legal advice. Some of the articles in this series are adapted from the author’s 2006 book, “Medical Malpractice: Understanding the Law, Managing the Risk,” and his 2012 Halsbury treatise, “Medical Negligence and Professional Misconduct.” For additional information, readers may contact the author at siang@hawaii.edu.

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Question: Choose the single best answer to complete the statement, “A class-action lawsuit ...”

A. Is a legal cause of action for a wrongful act perpetrated by a class of wrongdoers.

B. Requires prior certification by a judge before it can go forward.

C. Is appropriate where the claims of a few injured victims can be joined together against a common wrongdoer.

D. Fulfills twin criteria of numerosity and commonality.

E. Can only be filed where there are substantial monetary damages at issue.

Answer: B. A class-action lawsuit describes a legal cause of action where a representative plaintiff(s), known as the lead plaintiff, asserts claims on behalf of a large class of similarly injured members, who then give up their rights to pursue an individual lawsuit. Class-action suits are distinguished from the usual lawsuit, which characteristically affects only one or a few plaintiffs.

Dr. Siang Yong Tan

Four prerequisites govern an action before it can be deemed a class action: numerosity, commonality, typicality, and adequacy. These are words of art, with specific definitions.

Numerosity denotes a large class membership, usually exceeding 30-40, and sometimes numbering in the thousands, such that the usual joining together of a few injured plaintiffs is not practical. Commonality speaks to common questions of fact and law, typicality requires the claim(s) of the representative plaintiff to match that of the class members, and adequacy demands that the representation of the class members be adequate.

These rules, as well as other important technicalities governing class action, are enumerated in the Federal Rules of Civil Procedure under Rule 23.12Wal-Mart Stores, Inc. v. Dukes et al., where Wal-Mart was alleged to have violated Title VII of the Civil Rights Act of 1964 by having disparate wages and promotion reflecting gender discrimination.3 The plaintiffs sought an injunction against the alleged practice, as well as monetary damages. An earlier ruling of the U.S. Court of Appeals for the Ninth Circuit gave the green light to this sprawling nationwide class action.

It had started out with Betty Dukes and five other women employees, but grew to more than 1.5 million female Wal-Mart employees. However, on appeal, the U.S. Supreme Court reversed, holding that the certification of the plaintiff class was not consistent with Rule 23(a), as the prerequisite of commonality was not fulfilled. The Supreme Court also disallowed the claim for monetary relief, as it was not incidental or secondary to the injunction sought.

Class-action suits are commonly encountered in mass torts, where a product or accident causes injury to numerous individuals. Other situations include environmental pollution, securities fraud, and improper employment practices.

A favorite target is in the health care industry, where manufacturers of drugs and medical devices face allegations that defective products have been allowed to enter the market, causing harm to end users.

An example is the silicon breast implant litigation of the 1990s. The Food and Drug Administration had placed breast implants in the category of medical products and learned that the Dow Corning Corporation, which manufactured the silicon implants, had withheld safety information. The FDA severely restricted the use of these implants, which predictably led to widespread litigation with billions of dollars of judgment awards and settlements.45 and the FDA subsequently required the revision of the package insert of Lipitor and other statins to warn of this association. In 2013, a large Canadian study confirmed the increased incidence of new-onset diabetes in patients taking atorvastatin (hazard ratio, 1.22) or simvastatin.6

However, the outcome of the trial may turn on whether the clear health benefit of lowering serum cholesterol outweighs any purported safety concern.

A fast-growing trend is the filing of class-action suits against nursing homes for providing inadequate care. This is not unexpected, because large numbers of nursing home residents have a common concern over any breach of safety, hygiene, or other statutorily mandated standards of nursing home care. This important topic will be taken up in a subsequent column.

References

1. Available at www.classactionlitigation.com/rule23.html.

2. Mullenix LS. Ending class actions as we know them: rethinking the American class action. Emory Law J. 2014;64:399-449.

3. Wal-Mart Stores, Inc. v. Dukes et al.131 S. Ct. 2541 (2011).

4. Snyder JW. Silicon breast implants. Can emerging medical, legal and scientific concepts be reconciled? J. Leg. Med. 1997;18:133-220.

5. Sattar N, et al. Statins and risk of incident diabetes: a collaborative meta-analysis of randomised statin trials. Lancet 2010;375:735-42.

6. Carter AC, et al. Risk of incident diabetes among patients treated with statins: population based study. BMJ 2013;346:f2610.

Dr. Tan is emeritus professor of medicine and former adjunct professor of law at the University of Hawaii, and currently directs the St. Francis International Center for Healthcare Ethics in Honolulu. This article is meant to be educational and does not constitute medical, ethical, or legal advice. Some of the articles in this series are adapted from the author’s 2006 book, “Medical Malpractice: Understanding the Law, Managing the Risk,” and his 2012 Halsbury treatise, “Medical Negligence and Professional Misconduct.” For additional information, readers may contact the author at siang@hawaii.edu.

Question: Choose the single best answer to complete the statement, “A class-action lawsuit ...”

A. Is a legal cause of action for a wrongful act perpetrated by a class of wrongdoers.

B. Requires prior certification by a judge before it can go forward.

C. Is appropriate where the claims of a few injured victims can be joined together against a common wrongdoer.

D. Fulfills twin criteria of numerosity and commonality.

E. Can only be filed where there are substantial monetary damages at issue.

Answer: B. A class-action lawsuit describes a legal cause of action where a representative plaintiff(s), known as the lead plaintiff, asserts claims on behalf of a large class of similarly injured members, who then give up their rights to pursue an individual lawsuit. Class-action suits are distinguished from the usual lawsuit, which characteristically affects only one or a few plaintiffs.

Dr. Siang Yong Tan

Four prerequisites govern an action before it can be deemed a class action: numerosity, commonality, typicality, and adequacy. These are words of art, with specific definitions.

Numerosity denotes a large class membership, usually exceeding 30-40, and sometimes numbering in the thousands, such that the usual joining together of a few injured plaintiffs is not practical. Commonality speaks to common questions of fact and law, typicality requires the claim(s) of the representative plaintiff to match that of the class members, and adequacy demands that the representation of the class members be adequate.

These rules, as well as other important technicalities governing class action, are enumerated in the Federal Rules of Civil Procedure under Rule 23.12Wal-Mart Stores, Inc. v. Dukes et al., where Wal-Mart was alleged to have violated Title VII of the Civil Rights Act of 1964 by having disparate wages and promotion reflecting gender discrimination.3 The plaintiffs sought an injunction against the alleged practice, as well as monetary damages. An earlier ruling of the U.S. Court of Appeals for the Ninth Circuit gave the green light to this sprawling nationwide class action.

It had started out with Betty Dukes and five other women employees, but grew to more than 1.5 million female Wal-Mart employees. However, on appeal, the U.S. Supreme Court reversed, holding that the certification of the plaintiff class was not consistent with Rule 23(a), as the prerequisite of commonality was not fulfilled. The Supreme Court also disallowed the claim for monetary relief, as it was not incidental or secondary to the injunction sought.

Class-action suits are commonly encountered in mass torts, where a product or accident causes injury to numerous individuals. Other situations include environmental pollution, securities fraud, and improper employment practices.

A favorite target is in the health care industry, where manufacturers of drugs and medical devices face allegations that defective products have been allowed to enter the market, causing harm to end users.

An example is the silicon breast implant litigation of the 1990s. The Food and Drug Administration had placed breast implants in the category of medical products and learned that the Dow Corning Corporation, which manufactured the silicon implants, had withheld safety information. The FDA severely restricted the use of these implants, which predictably led to widespread litigation with billions of dollars of judgment awards and settlements.45 and the FDA subsequently required the revision of the package insert of Lipitor and other statins to warn of this association. In 2013, a large Canadian study confirmed the increased incidence of new-onset diabetes in patients taking atorvastatin (hazard ratio, 1.22) or simvastatin.6

However, the outcome of the trial may turn on whether the clear health benefit of lowering serum cholesterol outweighs any purported safety concern.

A fast-growing trend is the filing of class-action suits against nursing homes for providing inadequate care. This is not unexpected, because large numbers of nursing home residents have a common concern over any breach of safety, hygiene, or other statutorily mandated standards of nursing home care. This important topic will be taken up in a subsequent column.

References

1. Available at www.classactionlitigation.com/rule23.html.

2. Mullenix LS. Ending class actions as we know them: rethinking the American class action. Emory Law J. 2014;64:399-449.

3. Wal-Mart Stores, Inc. v. Dukes et al.131 S. Ct. 2541 (2011).

4. Snyder JW. Silicon breast implants. Can emerging medical, legal and scientific concepts be reconciled? J. Leg. Med. 1997;18:133-220.

5. Sattar N, et al. Statins and risk of incident diabetes: a collaborative meta-analysis of randomised statin trials. Lancet 2010;375:735-42.

6. Carter AC, et al. Risk of incident diabetes among patients treated with statins: population based study. BMJ 2013;346:f2610.

Dr. Tan is emeritus professor of medicine and former adjunct professor of law at the University of Hawaii, and currently directs the St. Francis International Center for Healthcare Ethics in Honolulu. This article is meant to be educational and does not constitute medical, ethical, or legal advice. Some of the articles in this series are adapted from the author’s 2006 book, “Medical Malpractice: Understanding the Law, Managing the Risk,” and his 2012 Halsbury treatise, “Medical Negligence and Professional Misconduct.” For additional information, readers may contact the author at siang@hawaii.edu.

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CBT is worthwhile—but are we making use of it?

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Even though I was a psychology major, psychotherapy has always been a bit of a mystery to me. Is it truly effective in relieving patients’ distress? Which methods work?

As a practitioner who tries to recommend evidence-based treatments, I have often wondered what kinds of psychotherapy have evidence of effectiveness from randomized trials.

Cognitive behavioral therapy (CBT) is certainly one of them. A vast amount of research supports its effectiveness for a variety of conditions. A recent PubMed search for “cognitive behavioral therapy” yielded 34,507 original references and 5027 systematic reviews!

CBT is effective not only for anxiety and trauma-related distress, but also for somatic complaints such as headache and irritable bowel disease.

In this issue, Vinci et al provide an excellent summary with guidance for family physicians about using CBT to treat anxiety and trauma-related psychological distress. (See "When to recommend cognitive behavioral therapy.") This review’s case study is especially interesting because the patient initially presented with abdominal symptoms—not with psychological distress.

The long list of conditions for which CBT has been studied and found effective is quite impressive. In addition to effectively treating psychological conditions, CBT works for various somatic complaints as well, including headache, chronic pain syndromes, insomnia, irritable bowel disease, and nonspecific abdominal pain in children.1 Research has shown that it also is effective for improving medication compliance.2 For some conditions, CBT might work by reducing inflammation.3

Although usually delivered by a health care practitioner trained in its use, CBT may also be delivered electronically via computer programs and the Internet. Randomized trials of “computerized” CBT have found positive treatment effects for anxiety and depression.4 Computerized CBT helps reduce psychological distress in patients with physical illness.5 Some insurers now offer online CBT as a covered benefit.

I am convinced that CBT has something to offer many of our patients who have conditions that we find difficult to treat. It’s time we made better use of it.

References

 

1. Rutten JM, Korterink JJ, Venmans LM, et al. Nonpharmacologic treatment of functional abdominal pain disorders: a systematic review. Pediatrics. 2015;135:522-535.

2. Spoelstra SL, Schueller M, Hilton M, et al. Interventions combining motivational interviewing and cognitive behaviour to promote medication adherence: a literature review. J Clin Nurs. 2014. [Epub ahead of print].

3. Irwin MR, Olmstead R, Breen EC, et al. Cognitive behavioral therapy and tai chi reverse cellular and genomic markers of inflammation in late life insomnia: a randomized controlled trial. Biol Psychiatry. 2015. [Epub ahead of print].

4. Pennant ME, Loucas CE, Whittington C, et al; Expert Advisory Group. Computerised therapies for anxiety and depression in children and young people: A systematic review and meta-analysis. Behav Res Ther. 2015;67:1-18.

5. McCombie A, Gearry R, Andrews J, et al. Computerised cognitive behavioural therapy for psychological distress in patients with physical illnesses: a systematic review. J Clin Psychol Med Settings. 2015;22:20-44.

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Even though I was a psychology major, psychotherapy has always been a bit of a mystery to me. Is it truly effective in relieving patients’ distress? Which methods work?

As a practitioner who tries to recommend evidence-based treatments, I have often wondered what kinds of psychotherapy have evidence of effectiveness from randomized trials.

Cognitive behavioral therapy (CBT) is certainly one of them. A vast amount of research supports its effectiveness for a variety of conditions. A recent PubMed search for “cognitive behavioral therapy” yielded 34,507 original references and 5027 systematic reviews!

CBT is effective not only for anxiety and trauma-related distress, but also for somatic complaints such as headache and irritable bowel disease.

In this issue, Vinci et al provide an excellent summary with guidance for family physicians about using CBT to treat anxiety and trauma-related psychological distress. (See "When to recommend cognitive behavioral therapy.") This review’s case study is especially interesting because the patient initially presented with abdominal symptoms—not with psychological distress.

The long list of conditions for which CBT has been studied and found effective is quite impressive. In addition to effectively treating psychological conditions, CBT works for various somatic complaints as well, including headache, chronic pain syndromes, insomnia, irritable bowel disease, and nonspecific abdominal pain in children.1 Research has shown that it also is effective for improving medication compliance.2 For some conditions, CBT might work by reducing inflammation.3

Although usually delivered by a health care practitioner trained in its use, CBT may also be delivered electronically via computer programs and the Internet. Randomized trials of “computerized” CBT have found positive treatment effects for anxiety and depression.4 Computerized CBT helps reduce psychological distress in patients with physical illness.5 Some insurers now offer online CBT as a covered benefit.

I am convinced that CBT has something to offer many of our patients who have conditions that we find difficult to treat. It’s time we made better use of it.

Even though I was a psychology major, psychotherapy has always been a bit of a mystery to me. Is it truly effective in relieving patients’ distress? Which methods work?

As a practitioner who tries to recommend evidence-based treatments, I have often wondered what kinds of psychotherapy have evidence of effectiveness from randomized trials.

Cognitive behavioral therapy (CBT) is certainly one of them. A vast amount of research supports its effectiveness for a variety of conditions. A recent PubMed search for “cognitive behavioral therapy” yielded 34,507 original references and 5027 systematic reviews!

CBT is effective not only for anxiety and trauma-related distress, but also for somatic complaints such as headache and irritable bowel disease.

In this issue, Vinci et al provide an excellent summary with guidance for family physicians about using CBT to treat anxiety and trauma-related psychological distress. (See "When to recommend cognitive behavioral therapy.") This review’s case study is especially interesting because the patient initially presented with abdominal symptoms—not with psychological distress.

The long list of conditions for which CBT has been studied and found effective is quite impressive. In addition to effectively treating psychological conditions, CBT works for various somatic complaints as well, including headache, chronic pain syndromes, insomnia, irritable bowel disease, and nonspecific abdominal pain in children.1 Research has shown that it also is effective for improving medication compliance.2 For some conditions, CBT might work by reducing inflammation.3

Although usually delivered by a health care practitioner trained in its use, CBT may also be delivered electronically via computer programs and the Internet. Randomized trials of “computerized” CBT have found positive treatment effects for anxiety and depression.4 Computerized CBT helps reduce psychological distress in patients with physical illness.5 Some insurers now offer online CBT as a covered benefit.

I am convinced that CBT has something to offer many of our patients who have conditions that we find difficult to treat. It’s time we made better use of it.

References

 

1. Rutten JM, Korterink JJ, Venmans LM, et al. Nonpharmacologic treatment of functional abdominal pain disorders: a systematic review. Pediatrics. 2015;135:522-535.

2. Spoelstra SL, Schueller M, Hilton M, et al. Interventions combining motivational interviewing and cognitive behaviour to promote medication adherence: a literature review. J Clin Nurs. 2014. [Epub ahead of print].

3. Irwin MR, Olmstead R, Breen EC, et al. Cognitive behavioral therapy and tai chi reverse cellular and genomic markers of inflammation in late life insomnia: a randomized controlled trial. Biol Psychiatry. 2015. [Epub ahead of print].

4. Pennant ME, Loucas CE, Whittington C, et al; Expert Advisory Group. Computerised therapies for anxiety and depression in children and young people: A systematic review and meta-analysis. Behav Res Ther. 2015;67:1-18.

5. McCombie A, Gearry R, Andrews J, et al. Computerised cognitive behavioural therapy for psychological distress in patients with physical illnesses: a systematic review. J Clin Psychol Med Settings. 2015;22:20-44.

References

 

1. Rutten JM, Korterink JJ, Venmans LM, et al. Nonpharmacologic treatment of functional abdominal pain disorders: a systematic review. Pediatrics. 2015;135:522-535.

2. Spoelstra SL, Schueller M, Hilton M, et al. Interventions combining motivational interviewing and cognitive behaviour to promote medication adherence: a literature review. J Clin Nurs. 2014. [Epub ahead of print].

3. Irwin MR, Olmstead R, Breen EC, et al. Cognitive behavioral therapy and tai chi reverse cellular and genomic markers of inflammation in late life insomnia: a randomized controlled trial. Biol Psychiatry. 2015. [Epub ahead of print].

4. Pennant ME, Loucas CE, Whittington C, et al; Expert Advisory Group. Computerised therapies for anxiety and depression in children and young people: A systematic review and meta-analysis. Behav Res Ther. 2015;67:1-18.

5. McCombie A, Gearry R, Andrews J, et al. Computerised cognitive behavioural therapy for psychological distress in patients with physical illnesses: a systematic review. J Clin Psychol Med Settings. 2015;22:20-44.

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Is oral vitamin B12 therapy effective?

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An 88-year-old Scandinavian man is seen for weakness and fatigue. Physical examination reveals a normal mental status and evidence of bilateral lower-extremity neuropathy. His hematocrit is 24%, with a hemoglobin of 8 g/dL and a mean corpuscular value of 118 fL. The serum cobalamin level is 64 pg/mL (normal >200 pg/mL), and the plasma methylmalonic acid level is high. A diagnosis of pernicious anemia is made.

What do you recommend for treatment?

A) Intramuscular hydroxycobalamin 1,000-mcg load daily for 1 week, then 1,000 mcg monthly.

B) Intramuscular hydroxycobalamin 1,000 mcg monthly.

C) Vitamin B12 1,000 mcg orally.

Myth: Replacement of vitamin B12 deficiency because of pernicious anemia must not be done orally.

For decades, it has been taught that vitamin B12 deficiency in patients with pernicious anemia is due to poor B12 absorption caused by a lack of intrinsic factor, and that replacement must be given intramuscularly.

This belief was presented in the following statement of the USP Anti-Anemia Preparations Advisory Board: “In the management of a disease for which parenteral therapy with vitamin B12 is a completely adequate and wholly reliable form of therapy, it is unwise to employ a type of treatment which is, at best, unpredictably effective” (JAMA 1959;171:2092-4).

This belief is still being propagated, as this quote from an article published recently attests: “Pernicious anemia is caused by inadequate secretion of gastric intrinsic factor necessary for vitamin B12 absorption and thus cannot be treated with oral vitamin B12 supplements; rather, vitamin B12 must be administered parenterally” (Autoimmun. Rev. 2014;13:565-8).

Studies dating back to the 1950s showed that B12 could be absorbed orally in patients with pernicious anemia, and that two mechanisms of absorption of B12 exist: one involving intrinsic factor and one that does not (J. Clin. Invest. 1957;36:1551-7; N. Engl. J. Med. 1959;260:361-7). The earliest studies of vitamin B12 used low doses of vitamin B12, and some of the studies also used oral intrinsic factor. These studies failed to show adequate vitamin B12 absorption.

In the early 1960s, several studies showed that oral replacement with vitamin B12 could lead to correction of anemia (Acta Med. Scand. 1968;184:247-58; Arch. Intern. Med. 1960;106:280-92; Ann. Intern. Med. 1963;58:810-17). When doses of cyanocobalamin 300 mcg or greater were used, normalization of serum B12 levels was readily achievable. In one study, 64 patients receiving 500 mcg or 1,000 mcg of B12 orally daily for pernicious anemia all had normal serum B12 levels, normalization of hemoglobin levels, and no neurologic complications at follow-up through 5 years.

In a dose-finding trial in elderly patients with B12 deficiency, doses of 500 mcg or more were needed to normalize mild vitamin B12 deficiency (Arch. Intern. Med. 2005;165:1167-72) Using very high doses of daily oral vitamin B12 (1,000-2,000 mcg) leads to blood levels of vitamin B12 as high or higher than are achieved with monthly intramuscular administration of vitamin B12 (Acta Med. Scand. 1978;204:81-4; Blood 1998;92:1191-8; Cochrane Database Syst. Rev. 2005;3:CD004655).

The cost of vitamin B12 replacement is comparable orally and parenterally. The cost of 100 tablets of 1,000 mcg of vitamin B12 is about $5-$10. Ten doses of B12 for injection (1,000 mcg) is about $15, but charges for administration either by clinic personnel or a visiting nurse dramatically increase the monthly cost. If patients are able to give themselves the B12 injection, the additional cost is the cost of the monthly syringe, needle, and alcohol wipes.

Given the evidence and the costs, why is oral vitamin B12 not widely used for replacement?

Most physicians do not believe that vitamin B12 can be replaced orally. In a survey of internists, 94% were not aware of an available, effective oral therapy for B12 replacement (JAMA 1991;265:94-5). In the same survey, 88% of the internists stated that an oral replacement form of B12 would be useful in their practice. These data are more than 20 years old, but physician knowledge in this area is slow to develop. When I lecture on the topic of medical myths and poll the audience about B12 replacement, 60%-80% still recommend intramuscular replacement instead of oral replacement.

This myth combines several features seen in medical myths.

First, it makes some sense from a pathophysiologic standpoint, as intrinsic factor is needed to absorb the small amounts of vitamin B12 in our usual diets. It is easy to understand why one would think that without intrinsic factor, vitamin B12 couldn’t be absorbed and would require intramuscular replacement.

In addition, the studies that refuted the myth were published at a time when high-dose oral vitamin B12 was not available in the United States, so oral replacement did not become standard practice.

 

 

Finally, the earliest studies on oral vitamin B12 replacement using low doses of vitamin B12 were failures, which gave evidence to the thinking that the only way vitamin B12 could be replaced would be via parenteral administration.

Dr. Paauw is professor of medicine in the division of general internal medicine at the University of Washington, Seattle, and he serves as third-year medical student clerkship director at the University of Washington Medical School. He is the Rathmann Family Foundation Chair in Patient-Centered Clinical Education. Contact Dr. Paauw at dpaauw@uw.edu.

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An 88-year-old Scandinavian man is seen for weakness and fatigue. Physical examination reveals a normal mental status and evidence of bilateral lower-extremity neuropathy. His hematocrit is 24%, with a hemoglobin of 8 g/dL and a mean corpuscular value of 118 fL. The serum cobalamin level is 64 pg/mL (normal >200 pg/mL), and the plasma methylmalonic acid level is high. A diagnosis of pernicious anemia is made.

What do you recommend for treatment?

A) Intramuscular hydroxycobalamin 1,000-mcg load daily for 1 week, then 1,000 mcg monthly.

B) Intramuscular hydroxycobalamin 1,000 mcg monthly.

C) Vitamin B12 1,000 mcg orally.

Myth: Replacement of vitamin B12 deficiency because of pernicious anemia must not be done orally.

For decades, it has been taught that vitamin B12 deficiency in patients with pernicious anemia is due to poor B12 absorption caused by a lack of intrinsic factor, and that replacement must be given intramuscularly.

This belief was presented in the following statement of the USP Anti-Anemia Preparations Advisory Board: “In the management of a disease for which parenteral therapy with vitamin B12 is a completely adequate and wholly reliable form of therapy, it is unwise to employ a type of treatment which is, at best, unpredictably effective” (JAMA 1959;171:2092-4).

This belief is still being propagated, as this quote from an article published recently attests: “Pernicious anemia is caused by inadequate secretion of gastric intrinsic factor necessary for vitamin B12 absorption and thus cannot be treated with oral vitamin B12 supplements; rather, vitamin B12 must be administered parenterally” (Autoimmun. Rev. 2014;13:565-8).

Studies dating back to the 1950s showed that B12 could be absorbed orally in patients with pernicious anemia, and that two mechanisms of absorption of B12 exist: one involving intrinsic factor and one that does not (J. Clin. Invest. 1957;36:1551-7; N. Engl. J. Med. 1959;260:361-7). The earliest studies of vitamin B12 used low doses of vitamin B12, and some of the studies also used oral intrinsic factor. These studies failed to show adequate vitamin B12 absorption.

In the early 1960s, several studies showed that oral replacement with vitamin B12 could lead to correction of anemia (Acta Med. Scand. 1968;184:247-58; Arch. Intern. Med. 1960;106:280-92; Ann. Intern. Med. 1963;58:810-17). When doses of cyanocobalamin 300 mcg or greater were used, normalization of serum B12 levels was readily achievable. In one study, 64 patients receiving 500 mcg or 1,000 mcg of B12 orally daily for pernicious anemia all had normal serum B12 levels, normalization of hemoglobin levels, and no neurologic complications at follow-up through 5 years.

In a dose-finding trial in elderly patients with B12 deficiency, doses of 500 mcg or more were needed to normalize mild vitamin B12 deficiency (Arch. Intern. Med. 2005;165:1167-72) Using very high doses of daily oral vitamin B12 (1,000-2,000 mcg) leads to blood levels of vitamin B12 as high or higher than are achieved with monthly intramuscular administration of vitamin B12 (Acta Med. Scand. 1978;204:81-4; Blood 1998;92:1191-8; Cochrane Database Syst. Rev. 2005;3:CD004655).

The cost of vitamin B12 replacement is comparable orally and parenterally. The cost of 100 tablets of 1,000 mcg of vitamin B12 is about $5-$10. Ten doses of B12 for injection (1,000 mcg) is about $15, but charges for administration either by clinic personnel or a visiting nurse dramatically increase the monthly cost. If patients are able to give themselves the B12 injection, the additional cost is the cost of the monthly syringe, needle, and alcohol wipes.

Given the evidence and the costs, why is oral vitamin B12 not widely used for replacement?

Most physicians do not believe that vitamin B12 can be replaced orally. In a survey of internists, 94% were not aware of an available, effective oral therapy for B12 replacement (JAMA 1991;265:94-5). In the same survey, 88% of the internists stated that an oral replacement form of B12 would be useful in their practice. These data are more than 20 years old, but physician knowledge in this area is slow to develop. When I lecture on the topic of medical myths and poll the audience about B12 replacement, 60%-80% still recommend intramuscular replacement instead of oral replacement.

This myth combines several features seen in medical myths.

First, it makes some sense from a pathophysiologic standpoint, as intrinsic factor is needed to absorb the small amounts of vitamin B12 in our usual diets. It is easy to understand why one would think that without intrinsic factor, vitamin B12 couldn’t be absorbed and would require intramuscular replacement.

In addition, the studies that refuted the myth were published at a time when high-dose oral vitamin B12 was not available in the United States, so oral replacement did not become standard practice.

 

 

Finally, the earliest studies on oral vitamin B12 replacement using low doses of vitamin B12 were failures, which gave evidence to the thinking that the only way vitamin B12 could be replaced would be via parenteral administration.

Dr. Paauw is professor of medicine in the division of general internal medicine at the University of Washington, Seattle, and he serves as third-year medical student clerkship director at the University of Washington Medical School. He is the Rathmann Family Foundation Chair in Patient-Centered Clinical Education. Contact Dr. Paauw at dpaauw@uw.edu.

An 88-year-old Scandinavian man is seen for weakness and fatigue. Physical examination reveals a normal mental status and evidence of bilateral lower-extremity neuropathy. His hematocrit is 24%, with a hemoglobin of 8 g/dL and a mean corpuscular value of 118 fL. The serum cobalamin level is 64 pg/mL (normal >200 pg/mL), and the plasma methylmalonic acid level is high. A diagnosis of pernicious anemia is made.

What do you recommend for treatment?

A) Intramuscular hydroxycobalamin 1,000-mcg load daily for 1 week, then 1,000 mcg monthly.

B) Intramuscular hydroxycobalamin 1,000 mcg monthly.

C) Vitamin B12 1,000 mcg orally.

Myth: Replacement of vitamin B12 deficiency because of pernicious anemia must not be done orally.

For decades, it has been taught that vitamin B12 deficiency in patients with pernicious anemia is due to poor B12 absorption caused by a lack of intrinsic factor, and that replacement must be given intramuscularly.

This belief was presented in the following statement of the USP Anti-Anemia Preparations Advisory Board: “In the management of a disease for which parenteral therapy with vitamin B12 is a completely adequate and wholly reliable form of therapy, it is unwise to employ a type of treatment which is, at best, unpredictably effective” (JAMA 1959;171:2092-4).

This belief is still being propagated, as this quote from an article published recently attests: “Pernicious anemia is caused by inadequate secretion of gastric intrinsic factor necessary for vitamin B12 absorption and thus cannot be treated with oral vitamin B12 supplements; rather, vitamin B12 must be administered parenterally” (Autoimmun. Rev. 2014;13:565-8).

Studies dating back to the 1950s showed that B12 could be absorbed orally in patients with pernicious anemia, and that two mechanisms of absorption of B12 exist: one involving intrinsic factor and one that does not (J. Clin. Invest. 1957;36:1551-7; N. Engl. J. Med. 1959;260:361-7). The earliest studies of vitamin B12 used low doses of vitamin B12, and some of the studies also used oral intrinsic factor. These studies failed to show adequate vitamin B12 absorption.

In the early 1960s, several studies showed that oral replacement with vitamin B12 could lead to correction of anemia (Acta Med. Scand. 1968;184:247-58; Arch. Intern. Med. 1960;106:280-92; Ann. Intern. Med. 1963;58:810-17). When doses of cyanocobalamin 300 mcg or greater were used, normalization of serum B12 levels was readily achievable. In one study, 64 patients receiving 500 mcg or 1,000 mcg of B12 orally daily for pernicious anemia all had normal serum B12 levels, normalization of hemoglobin levels, and no neurologic complications at follow-up through 5 years.

In a dose-finding trial in elderly patients with B12 deficiency, doses of 500 mcg or more were needed to normalize mild vitamin B12 deficiency (Arch. Intern. Med. 2005;165:1167-72) Using very high doses of daily oral vitamin B12 (1,000-2,000 mcg) leads to blood levels of vitamin B12 as high or higher than are achieved with monthly intramuscular administration of vitamin B12 (Acta Med. Scand. 1978;204:81-4; Blood 1998;92:1191-8; Cochrane Database Syst. Rev. 2005;3:CD004655).

The cost of vitamin B12 replacement is comparable orally and parenterally. The cost of 100 tablets of 1,000 mcg of vitamin B12 is about $5-$10. Ten doses of B12 for injection (1,000 mcg) is about $15, but charges for administration either by clinic personnel or a visiting nurse dramatically increase the monthly cost. If patients are able to give themselves the B12 injection, the additional cost is the cost of the monthly syringe, needle, and alcohol wipes.

Given the evidence and the costs, why is oral vitamin B12 not widely used for replacement?

Most physicians do not believe that vitamin B12 can be replaced orally. In a survey of internists, 94% were not aware of an available, effective oral therapy for B12 replacement (JAMA 1991;265:94-5). In the same survey, 88% of the internists stated that an oral replacement form of B12 would be useful in their practice. These data are more than 20 years old, but physician knowledge in this area is slow to develop. When I lecture on the topic of medical myths and poll the audience about B12 replacement, 60%-80% still recommend intramuscular replacement instead of oral replacement.

This myth combines several features seen in medical myths.

First, it makes some sense from a pathophysiologic standpoint, as intrinsic factor is needed to absorb the small amounts of vitamin B12 in our usual diets. It is easy to understand why one would think that without intrinsic factor, vitamin B12 couldn’t be absorbed and would require intramuscular replacement.

In addition, the studies that refuted the myth were published at a time when high-dose oral vitamin B12 was not available in the United States, so oral replacement did not become standard practice.

 

 

Finally, the earliest studies on oral vitamin B12 replacement using low doses of vitamin B12 were failures, which gave evidence to the thinking that the only way vitamin B12 could be replaced would be via parenteral administration.

Dr. Paauw is professor of medicine in the division of general internal medicine at the University of Washington, Seattle, and he serves as third-year medical student clerkship director at the University of Washington Medical School. He is the Rathmann Family Foundation Chair in Patient-Centered Clinical Education. Contact Dr. Paauw at dpaauw@uw.edu.

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In “Malpractice Counsel” in this issue of EM, Associate Editor-in-Chief, Francis Counselman, MD, discusses the death of an uncooperative ED patient after a “choke-hold” and physical restraints were applied by hospital security during an altercation.  Though death is an extraordinarily rare result of subduing a patient in the ED, daily displays of anger unfortunately are not. 

Angry ED patients, or family members, are angry for a variety of reasons.  Some arrive angry, but many more become angry waiting to be seen by an EP, waiting for lab results or a consult, waiting for an inpatient bed, or waiting to be discharged. Persistent pain, hunger, overcrowded ED conditions, and harried staff are ingredients for potential explosions among even those patients who do not arrive intoxicated, hypoxic, febrile, delirious, demented, or psychotic.

In a 1998 perspective on aggression and violence directed toward physicians, (J Gen Intern Med. 1998;13[8]:556-561), Morrison et al, noted that health-care patients were responsible for almost half of the nonfatal workplace violence, and that among doctors, psychiatrists and emergency physicians were believed to be at the highest risk of aggression and violence.  In a more recent observational study of ED staff and patient interactions, accompanied by staff interviews and questionnaires, (Emerg Med Int. 2012. doi:10.1155/2012/603215) Cheshin et al found that length of stay (averaging about 3 hours in the study) was the most common reason for angry patient outbursts characterized by hostile stares, shouts, and pounding on the counter.

A new and potentially dangerous form of anger expression are the unmonitored consumer-rating blogs on social media that are increasingly being used by angry patients to rail against EDs, EPs, and ED nurses. The blogs frequently include the names of specific physicians and nurses blamed for unsatisfactory care, often naming individuals who have little or nothing to do with the complaints expressed.

But patients aren’t the only ones who may be angry at EDs or EPs. Physicians from other specialties sometimes become angry when they are not consulted about one of their patients in the ED, or when they disagree about an EP’s treatment or disposition plan.    

Emergency physicians in turn can become frustrated or angry by the number of phone calls often required to reach another physician, or when they end up speaking with a covering physician who knows very little about a patient, or when no physician who knows the patient is available when needed. Emergency physicians can also become angry when another physician doesn’t agree with the EP’s management decisions, or makes what are considered to be unreasonable demands, or afterwards unfairly blames the EP for a bad result.

Emergency physicians are also angered by lawyers who drag them into malpractice suits that may have little to do with the ED care a patient received, or by law enforcement officials who  demand that they obtain specimens from uncooperative prisoners. In some areas of the country, EPs have become very angry with other EPs who operate urgent care centers or free-standing EDs that compete with their own hospital-based ED for patients.

Some of the anger that other physicians harbor toward EPs and EDs, and the anger that some EPs have toward fellow EPs has been expressed in the nastiest of tones in recent medical tabloid “commentaries” or editorials, and in the blogs that follow.

The keys to managing to all of this anger are anticipation followed by prevention whenever possible, mitigation when prevention fails, and calling for appropriate help early on before an incident escalates further. For EPs, it is most important not to allow an angry incident to affect other patient interactions during a shift, and to channel their own angry energy into activities that benefit patients.  But organized emergency medicine must also act immediately to address the potential dangers to EPs caused by irresponsible blogs on social media.

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In “Malpractice Counsel” in this issue of EM, Associate Editor-in-Chief, Francis Counselman, MD, discusses the death of an uncooperative ED patient after a “choke-hold” and physical restraints were applied by hospital security during an altercation.  Though death is an extraordinarily rare result of subduing a patient in the ED, daily displays of anger unfortunately are not. 

Angry ED patients, or family members, are angry for a variety of reasons.  Some arrive angry, but many more become angry waiting to be seen by an EP, waiting for lab results or a consult, waiting for an inpatient bed, or waiting to be discharged. Persistent pain, hunger, overcrowded ED conditions, and harried staff are ingredients for potential explosions among even those patients who do not arrive intoxicated, hypoxic, febrile, delirious, demented, or psychotic.

In a 1998 perspective on aggression and violence directed toward physicians, (J Gen Intern Med. 1998;13[8]:556-561), Morrison et al, noted that health-care patients were responsible for almost half of the nonfatal workplace violence, and that among doctors, psychiatrists and emergency physicians were believed to be at the highest risk of aggression and violence.  In a more recent observational study of ED staff and patient interactions, accompanied by staff interviews and questionnaires, (Emerg Med Int. 2012. doi:10.1155/2012/603215) Cheshin et al found that length of stay (averaging about 3 hours in the study) was the most common reason for angry patient outbursts characterized by hostile stares, shouts, and pounding on the counter.

A new and potentially dangerous form of anger expression are the unmonitored consumer-rating blogs on social media that are increasingly being used by angry patients to rail against EDs, EPs, and ED nurses. The blogs frequently include the names of specific physicians and nurses blamed for unsatisfactory care, often naming individuals who have little or nothing to do with the complaints expressed.

But patients aren’t the only ones who may be angry at EDs or EPs. Physicians from other specialties sometimes become angry when they are not consulted about one of their patients in the ED, or when they disagree about an EP’s treatment or disposition plan.    

Emergency physicians in turn can become frustrated or angry by the number of phone calls often required to reach another physician, or when they end up speaking with a covering physician who knows very little about a patient, or when no physician who knows the patient is available when needed. Emergency physicians can also become angry when another physician doesn’t agree with the EP’s management decisions, or makes what are considered to be unreasonable demands, or afterwards unfairly blames the EP for a bad result.

Emergency physicians are also angered by lawyers who drag them into malpractice suits that may have little to do with the ED care a patient received, or by law enforcement officials who  demand that they obtain specimens from uncooperative prisoners. In some areas of the country, EPs have become very angry with other EPs who operate urgent care centers or free-standing EDs that compete with their own hospital-based ED for patients.

Some of the anger that other physicians harbor toward EPs and EDs, and the anger that some EPs have toward fellow EPs has been expressed in the nastiest of tones in recent medical tabloid “commentaries” or editorials, and in the blogs that follow.

The keys to managing to all of this anger are anticipation followed by prevention whenever possible, mitigation when prevention fails, and calling for appropriate help early on before an incident escalates further. For EPs, it is most important not to allow an angry incident to affect other patient interactions during a shift, and to channel their own angry energy into activities that benefit patients.  But organized emergency medicine must also act immediately to address the potential dangers to EPs caused by irresponsible blogs on social media.

In “Malpractice Counsel” in this issue of EM, Associate Editor-in-Chief, Francis Counselman, MD, discusses the death of an uncooperative ED patient after a “choke-hold” and physical restraints were applied by hospital security during an altercation.  Though death is an extraordinarily rare result of subduing a patient in the ED, daily displays of anger unfortunately are not. 

Angry ED patients, or family members, are angry for a variety of reasons.  Some arrive angry, but many more become angry waiting to be seen by an EP, waiting for lab results or a consult, waiting for an inpatient bed, or waiting to be discharged. Persistent pain, hunger, overcrowded ED conditions, and harried staff are ingredients for potential explosions among even those patients who do not arrive intoxicated, hypoxic, febrile, delirious, demented, or psychotic.

In a 1998 perspective on aggression and violence directed toward physicians, (J Gen Intern Med. 1998;13[8]:556-561), Morrison et al, noted that health-care patients were responsible for almost half of the nonfatal workplace violence, and that among doctors, psychiatrists and emergency physicians were believed to be at the highest risk of aggression and violence.  In a more recent observational study of ED staff and patient interactions, accompanied by staff interviews and questionnaires, (Emerg Med Int. 2012. doi:10.1155/2012/603215) Cheshin et al found that length of stay (averaging about 3 hours in the study) was the most common reason for angry patient outbursts characterized by hostile stares, shouts, and pounding on the counter.

A new and potentially dangerous form of anger expression are the unmonitored consumer-rating blogs on social media that are increasingly being used by angry patients to rail against EDs, EPs, and ED nurses. The blogs frequently include the names of specific physicians and nurses blamed for unsatisfactory care, often naming individuals who have little or nothing to do with the complaints expressed.

But patients aren’t the only ones who may be angry at EDs or EPs. Physicians from other specialties sometimes become angry when they are not consulted about one of their patients in the ED, or when they disagree about an EP’s treatment or disposition plan.    

Emergency physicians in turn can become frustrated or angry by the number of phone calls often required to reach another physician, or when they end up speaking with a covering physician who knows very little about a patient, or when no physician who knows the patient is available when needed. Emergency physicians can also become angry when another physician doesn’t agree with the EP’s management decisions, or makes what are considered to be unreasonable demands, or afterwards unfairly blames the EP for a bad result.

Emergency physicians are also angered by lawyers who drag them into malpractice suits that may have little to do with the ED care a patient received, or by law enforcement officials who  demand that they obtain specimens from uncooperative prisoners. In some areas of the country, EPs have become very angry with other EPs who operate urgent care centers or free-standing EDs that compete with their own hospital-based ED for patients.

Some of the anger that other physicians harbor toward EPs and EDs, and the anger that some EPs have toward fellow EPs has been expressed in the nastiest of tones in recent medical tabloid “commentaries” or editorials, and in the blogs that follow.

The keys to managing to all of this anger are anticipation followed by prevention whenever possible, mitigation when prevention fails, and calling for appropriate help early on before an incident escalates further. For EPs, it is most important not to allow an angry incident to affect other patient interactions during a shift, and to channel their own angry energy into activities that benefit patients.  But organized emergency medicine must also act immediately to address the potential dangers to EPs caused by irresponsible blogs on social media.

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Supreme Court: Docs cannot sue over low Medicaid payments

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Physicians cannot sue state governments over low Medicaid payments, the U.S. Supreme Court ruled.

In a 5-4 decision, the high court overturned a decision by the 9th Circuit Court of Appeals that said physicians and other providers could sue to hold states accountable to the equal access provisions of the Medicaid Act (states accepting federal Medicaid funding are required to set pay rates at levels sufficient to ensure access to care).

©trekandshoot/thinkstockphotos.com

In the case, Armstrong v. Exceptional Child Centers Inc., justices were determining whether the Constitution’s Supremacy Clause – which establishes the Constitution and federal law as the law of the land – gives providers the right to sue. The case originates from a 2009 lawsuit by Exceptional Child Center Inc., of Twin Falls, Idaho, and four other residential habilitation centers against Richard Armstrong, director of the Idaho Department of Health and Welfare.

In the majority opinion, Justice Antonin Scalia noted that physicians who believe Medicaid rates are inadequate have an administrative remedy by petitioning the Centers for Medicare & Medicaid Services, a remedy that “shows that the Medicaid Act precludes private enforcement ... in the courts.” He added that the plaintiffs must first seek relief through CMS first before instigating legal action.

In the dissenting opinion, Justice Sonia Sotomayor noted that seeking administrative relief could lead to reduced federal funding to a state for violating the Medicaid Act’s rate requirements, adding that “HHS is often reluctant to initiate compliance actions because a ‘state’s noncompliance creates a damned-if-you-do, damned-if-you-don’t scenario where withholding of state funds will lead to depriving the poor of essential medical assistance.’ ”

Justice Scalia dismissed that logic. “The dissent’s complaint that the sanction available to the [HHS] Secretary (the cut-off of funding) is too massive to be a realistic source of relief seems to us mistaken. We doubt that the Secretary’s notice to a state that its compensation scheme is inadequate will be ignored.”

gtwachtman@frontlinemedcom.com

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Physicians cannot sue state governments over low Medicaid payments, the U.S. Supreme Court ruled.

In a 5-4 decision, the high court overturned a decision by the 9th Circuit Court of Appeals that said physicians and other providers could sue to hold states accountable to the equal access provisions of the Medicaid Act (states accepting federal Medicaid funding are required to set pay rates at levels sufficient to ensure access to care).

©trekandshoot/thinkstockphotos.com

In the case, Armstrong v. Exceptional Child Centers Inc., justices were determining whether the Constitution’s Supremacy Clause – which establishes the Constitution and federal law as the law of the land – gives providers the right to sue. The case originates from a 2009 lawsuit by Exceptional Child Center Inc., of Twin Falls, Idaho, and four other residential habilitation centers against Richard Armstrong, director of the Idaho Department of Health and Welfare.

In the majority opinion, Justice Antonin Scalia noted that physicians who believe Medicaid rates are inadequate have an administrative remedy by petitioning the Centers for Medicare & Medicaid Services, a remedy that “shows that the Medicaid Act precludes private enforcement ... in the courts.” He added that the plaintiffs must first seek relief through CMS first before instigating legal action.

In the dissenting opinion, Justice Sonia Sotomayor noted that seeking administrative relief could lead to reduced federal funding to a state for violating the Medicaid Act’s rate requirements, adding that “HHS is often reluctant to initiate compliance actions because a ‘state’s noncompliance creates a damned-if-you-do, damned-if-you-don’t scenario where withholding of state funds will lead to depriving the poor of essential medical assistance.’ ”

Justice Scalia dismissed that logic. “The dissent’s complaint that the sanction available to the [HHS] Secretary (the cut-off of funding) is too massive to be a realistic source of relief seems to us mistaken. We doubt that the Secretary’s notice to a state that its compensation scheme is inadequate will be ignored.”

gtwachtman@frontlinemedcom.com

Physicians cannot sue state governments over low Medicaid payments, the U.S. Supreme Court ruled.

In a 5-4 decision, the high court overturned a decision by the 9th Circuit Court of Appeals that said physicians and other providers could sue to hold states accountable to the equal access provisions of the Medicaid Act (states accepting federal Medicaid funding are required to set pay rates at levels sufficient to ensure access to care).

©trekandshoot/thinkstockphotos.com

In the case, Armstrong v. Exceptional Child Centers Inc., justices were determining whether the Constitution’s Supremacy Clause – which establishes the Constitution and federal law as the law of the land – gives providers the right to sue. The case originates from a 2009 lawsuit by Exceptional Child Center Inc., of Twin Falls, Idaho, and four other residential habilitation centers against Richard Armstrong, director of the Idaho Department of Health and Welfare.

In the majority opinion, Justice Antonin Scalia noted that physicians who believe Medicaid rates are inadequate have an administrative remedy by petitioning the Centers for Medicare & Medicaid Services, a remedy that “shows that the Medicaid Act precludes private enforcement ... in the courts.” He added that the plaintiffs must first seek relief through CMS first before instigating legal action.

In the dissenting opinion, Justice Sonia Sotomayor noted that seeking administrative relief could lead to reduced federal funding to a state for violating the Medicaid Act’s rate requirements, adding that “HHS is often reluctant to initiate compliance actions because a ‘state’s noncompliance creates a damned-if-you-do, damned-if-you-don’t scenario where withholding of state funds will lead to depriving the poor of essential medical assistance.’ ”

Justice Scalia dismissed that logic. “The dissent’s complaint that the sanction available to the [HHS] Secretary (the cut-off of funding) is too massive to be a realistic source of relief seems to us mistaken. We doubt that the Secretary’s notice to a state that its compensation scheme is inadequate will be ignored.”

gtwachtman@frontlinemedcom.com

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Breast cancer survivors should try glycerin-containing products

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“UPDATE ON SEXUAL DYSFUNCTION”
BARBARA S. LEVY, MD (SEPTEMBER 2014)

Breast cancer survivors should try glycerin-containing products
Dr. Levy’s well-written article on dyspareunia said everything I would tell a patient, until I had breast cancer and started estrogen antagonist therapy. Not only does the vagina lose elasticity but there is a similar sensation to spilling a strong acid on your skin in chemistry lab!

The silicone products Dr. Levy suggests may not be enough. Online support groups suggest a glycerin-containing product called “Probe Personal Lubricant.” If women find it too slippery to handle, they can mix it with an unscented petroleum gel product, such as “Albolene” [Albolene Moisturizing Cleanser] or “Aquaphor” [Aquaphor Healing Ointment]. I cannot tell you how many marriages this has saved for my patients and our local breast cancer survivors.
Joan Eggert, MD, MPH
St. George, Utah

Dr. Levy responds
I thank Dr. Eggert for sharing her personal experience and offering readers excellent practical advice. There is no substitute for listening to our patients and modifying recommendations based on their input and feedback. This is an important part of continuous quality improvement and experiential learning. I truly appreciate the suggestion from someone far more expert than I.

I do want to express a concern about using a petroleum jelly or mineral oil–based product as a lubricant with condoms. Albolene and Aquaphor dissolve latex and increase the chance of rupture. I do not recommend their use when a woman is using a condom for birth control or prevention of sexually transmitted disease.

“THE FDA’S REVIEW OF THE DATA ON OPEN POWER MORCELLATION WAS ‘INADEQUATE, IRRESPONSIBLE’ AND A ‘DISSERVICE TO WOMEN’”
WILLIAM H. PARKER, MD (AUDIO COMMENTARY; NOVEMBER 2014)

Clarification requested
In the February issue of OBG Management, you quoted me as saying that the recent FDA analysis of power morcellation was inadequate. Actually, what I said was that the “FDA did an inadequate and irresponsible analysis and it has been a disservice to women.” I didn’t mince words when I spoke and I am appalled by the FDA’s lack of rigor in this important matter.
William H. Parker, MD

Santa Monica, California

The editors respond
We thank Dr. Parker for expressing his concern to us. Although the full title of Dr. Parker’s Web exclusive audio was included online, it was truncated in print due to space and may have not conveyed his full meaning to print readers. Dr. Parker’s voice, and how it is portrayed within the journal’s pages and online, is very important to us.

ANSWERING YOUR CODING QUESTIONS
A reader recently requested assistance for a specific coding challenge. We’ve asked our reimbursement specialist, Melanie Witt, RN, CPC, COBGC, MA, to provide her insight.

What billing code for patients with inconclusive viability?
Dr. Barbieri’s editorial on suspected nonviable pregnancy (“Stop using the hCG discriminatory zone of 1,500 to 2,000 mIU/mL to guide intervention during early pregnancy,” January 2015) and other recent articles help guide our trainees to not “pull the trigger,” so to speak, so quickly on early pregnancies with uncertain viability. It confirms our teaching to be patient and let the pregnancy develop, or not, especially when patients are stable.

I find billing for these encounters to be difficult, however. What do you recommend as the billing code for patients with inconclusive viability—V23.87? Is there anything other than a V-code?
Rana Snipe Berry, MD

Indianapolis, Indiana


Ms. Witt responds

Currently there is only one ICD-9-CM code that describes uncertain fetal viability:
V23.87 (Pregnancy with inconclusive fetal viability). This code represents the supervision of a high-risk pregnancy for this reason, and it helps to explain additional testing that may be required. Unlike other “V” codes that many payers ignore, the V codes for pregnancy care, whether for routine supervision, high-risk supervision, or antenatal screening, are accepted by payers as reasons for care.


Share your thoughts on this article!
Send your Letter to the Editor to rbarbieri@frontlinemedcom.com. Please include your name and the city and state in which you practice.

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“UPDATE ON SEXUAL DYSFUNCTION”
BARBARA S. LEVY, MD (SEPTEMBER 2014)

Breast cancer survivors should try glycerin-containing products
Dr. Levy’s well-written article on dyspareunia said everything I would tell a patient, until I had breast cancer and started estrogen antagonist therapy. Not only does the vagina lose elasticity but there is a similar sensation to spilling a strong acid on your skin in chemistry lab!

The silicone products Dr. Levy suggests may not be enough. Online support groups suggest a glycerin-containing product called “Probe Personal Lubricant.” If women find it too slippery to handle, they can mix it with an unscented petroleum gel product, such as “Albolene” [Albolene Moisturizing Cleanser] or “Aquaphor” [Aquaphor Healing Ointment]. I cannot tell you how many marriages this has saved for my patients and our local breast cancer survivors.
Joan Eggert, MD, MPH
St. George, Utah

Dr. Levy responds
I thank Dr. Eggert for sharing her personal experience and offering readers excellent practical advice. There is no substitute for listening to our patients and modifying recommendations based on their input and feedback. This is an important part of continuous quality improvement and experiential learning. I truly appreciate the suggestion from someone far more expert than I.

I do want to express a concern about using a petroleum jelly or mineral oil–based product as a lubricant with condoms. Albolene and Aquaphor dissolve latex and increase the chance of rupture. I do not recommend their use when a woman is using a condom for birth control or prevention of sexually transmitted disease.

“THE FDA’S REVIEW OF THE DATA ON OPEN POWER MORCELLATION WAS ‘INADEQUATE, IRRESPONSIBLE’ AND A ‘DISSERVICE TO WOMEN’”
WILLIAM H. PARKER, MD (AUDIO COMMENTARY; NOVEMBER 2014)

Clarification requested
In the February issue of OBG Management, you quoted me as saying that the recent FDA analysis of power morcellation was inadequate. Actually, what I said was that the “FDA did an inadequate and irresponsible analysis and it has been a disservice to women.” I didn’t mince words when I spoke and I am appalled by the FDA’s lack of rigor in this important matter.
William H. Parker, MD

Santa Monica, California

The editors respond
We thank Dr. Parker for expressing his concern to us. Although the full title of Dr. Parker’s Web exclusive audio was included online, it was truncated in print due to space and may have not conveyed his full meaning to print readers. Dr. Parker’s voice, and how it is portrayed within the journal’s pages and online, is very important to us.

ANSWERING YOUR CODING QUESTIONS
A reader recently requested assistance for a specific coding challenge. We’ve asked our reimbursement specialist, Melanie Witt, RN, CPC, COBGC, MA, to provide her insight.

What billing code for patients with inconclusive viability?
Dr. Barbieri’s editorial on suspected nonviable pregnancy (“Stop using the hCG discriminatory zone of 1,500 to 2,000 mIU/mL to guide intervention during early pregnancy,” January 2015) and other recent articles help guide our trainees to not “pull the trigger,” so to speak, so quickly on early pregnancies with uncertain viability. It confirms our teaching to be patient and let the pregnancy develop, or not, especially when patients are stable.

I find billing for these encounters to be difficult, however. What do you recommend as the billing code for patients with inconclusive viability—V23.87? Is there anything other than a V-code?
Rana Snipe Berry, MD

Indianapolis, Indiana


Ms. Witt responds

Currently there is only one ICD-9-CM code that describes uncertain fetal viability:
V23.87 (Pregnancy with inconclusive fetal viability). This code represents the supervision of a high-risk pregnancy for this reason, and it helps to explain additional testing that may be required. Unlike other “V” codes that many payers ignore, the V codes for pregnancy care, whether for routine supervision, high-risk supervision, or antenatal screening, are accepted by payers as reasons for care.


Share your thoughts on this article!
Send your Letter to the Editor to rbarbieri@frontlinemedcom.com. Please include your name and the city and state in which you practice.

“UPDATE ON SEXUAL DYSFUNCTION”
BARBARA S. LEVY, MD (SEPTEMBER 2014)

Breast cancer survivors should try glycerin-containing products
Dr. Levy’s well-written article on dyspareunia said everything I would tell a patient, until I had breast cancer and started estrogen antagonist therapy. Not only does the vagina lose elasticity but there is a similar sensation to spilling a strong acid on your skin in chemistry lab!

The silicone products Dr. Levy suggests may not be enough. Online support groups suggest a glycerin-containing product called “Probe Personal Lubricant.” If women find it too slippery to handle, they can mix it with an unscented petroleum gel product, such as “Albolene” [Albolene Moisturizing Cleanser] or “Aquaphor” [Aquaphor Healing Ointment]. I cannot tell you how many marriages this has saved for my patients and our local breast cancer survivors.
Joan Eggert, MD, MPH
St. George, Utah

Dr. Levy responds
I thank Dr. Eggert for sharing her personal experience and offering readers excellent practical advice. There is no substitute for listening to our patients and modifying recommendations based on their input and feedback. This is an important part of continuous quality improvement and experiential learning. I truly appreciate the suggestion from someone far more expert than I.

I do want to express a concern about using a petroleum jelly or mineral oil–based product as a lubricant with condoms. Albolene and Aquaphor dissolve latex and increase the chance of rupture. I do not recommend their use when a woman is using a condom for birth control or prevention of sexually transmitted disease.

“THE FDA’S REVIEW OF THE DATA ON OPEN POWER MORCELLATION WAS ‘INADEQUATE, IRRESPONSIBLE’ AND A ‘DISSERVICE TO WOMEN’”
WILLIAM H. PARKER, MD (AUDIO COMMENTARY; NOVEMBER 2014)

Clarification requested
In the February issue of OBG Management, you quoted me as saying that the recent FDA analysis of power morcellation was inadequate. Actually, what I said was that the “FDA did an inadequate and irresponsible analysis and it has been a disservice to women.” I didn’t mince words when I spoke and I am appalled by the FDA’s lack of rigor in this important matter.
William H. Parker, MD

Santa Monica, California

The editors respond
We thank Dr. Parker for expressing his concern to us. Although the full title of Dr. Parker’s Web exclusive audio was included online, it was truncated in print due to space and may have not conveyed his full meaning to print readers. Dr. Parker’s voice, and how it is portrayed within the journal’s pages and online, is very important to us.

ANSWERING YOUR CODING QUESTIONS
A reader recently requested assistance for a specific coding challenge. We’ve asked our reimbursement specialist, Melanie Witt, RN, CPC, COBGC, MA, to provide her insight.

What billing code for patients with inconclusive viability?
Dr. Barbieri’s editorial on suspected nonviable pregnancy (“Stop using the hCG discriminatory zone of 1,500 to 2,000 mIU/mL to guide intervention during early pregnancy,” January 2015) and other recent articles help guide our trainees to not “pull the trigger,” so to speak, so quickly on early pregnancies with uncertain viability. It confirms our teaching to be patient and let the pregnancy develop, or not, especially when patients are stable.

I find billing for these encounters to be difficult, however. What do you recommend as the billing code for patients with inconclusive viability—V23.87? Is there anything other than a V-code?
Rana Snipe Berry, MD

Indianapolis, Indiana


Ms. Witt responds

Currently there is only one ICD-9-CM code that describes uncertain fetal viability:
V23.87 (Pregnancy with inconclusive fetal viability). This code represents the supervision of a high-risk pregnancy for this reason, and it helps to explain additional testing that may be required. Unlike other “V” codes that many payers ignore, the V codes for pregnancy care, whether for routine supervision, high-risk supervision, or antenatal screening, are accepted by payers as reasons for care.


Share your thoughts on this article!
Send your Letter to the Editor to rbarbieri@frontlinemedcom.com. Please include your name and the city and state in which you practice.

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Consent to treat minors: a major complexity

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The relationship between parents and pediatricians is unique. More than any other field of medicine, there is a level of trust that develops because of the consistent and ongoing interaction for several years. But as the child grows older and enters the adolescent years, the relationship shifts from catering to the desires of the parent to the needs of the child.

When a strong relationship is established, the transition of trust is usually easy, and parents are very comfortable and welcoming of an independent relationship between the physician and the child. But there are many issues that come up in adolescence that may be very difficult for a child to discuss with the parent despite having a good relationship, putting the physician directly in the middle.

Dr. Francine Pearce

The issue of minor consent is complex, and because it differs from state to state, it becomes even more complex. Of course, the best approach is to have a conversation with the parent to determine their views on various issues and ask for consent to address them should their child present to you for treatment, but new patients present, and time to establish a relationship is not always possible. The American Academy of Pediatrics statement on treatment of adolescents requires that every attempt is made to encourage inclusion of the parent in any decision making.

Understanding the laws that govern the state in which you practice is imperative. The state policies and laws can be found at www.Guttmacher.org. Although there has not been a physician held liable for nonnegligent care given to a minor who gave consent, it is important for parents to understand what their child can consent to or against. It also is important for the physician to be explicitly clear as to what their limitations are by law.

A minor status is defined by age under 18 years of age. An emancipated minor is someone who attained legal adulthood because of marriage, military service, or living separately from parents and managing one’s financial affairs (Understanding Legal Aspects of Care, in “Adolescent Health Care: A Practical Guide,” 5th ed [Philadelphia Lippincott Williams & Wilkins, 2008]). These laws are very clear and do not usually cause much confusion. Where the situation becomes very grey is in the case of the mature minor. This category is recognized in some states as an exception to the rules requiring parental consent for medical care (Int. J. Gynaecol. Obstet. 1998;63:295-300). The mature minor is defined as being at least 14 years old, having the ability to understand risk and benefits, and having the ability to provide informed consent. But this requires a subjective assessment of the adolescent, which could be argued by the parent.

Minors can consent to contraceptive services in most states. In 1977, the Supreme Court ruled that the right to privacy protects a minor’s access to nonprescriptive contraception, and although prescribed contraception is not included, it is generally considered to be included (Med. Clin. North Am, 1990; 74:1097-112). It is important to note that a pharmacist under the Pharmacist Conscience Clause, in some states, can refuse to fill the prescription without parental consent at their discretion (Arch. Pediatr. Adolesc. Med. 2003;157:361-5). Although this not a common issue, it may present a larger issue if the patient requested confidentiality.

Diagnosis and treatment of sexually transmitted disease also can be done with the consent of a minor, but the age of the patient, usually greater than 14 years, is required in most states. A careful assessment must be done for abuse regardless of whether the minor admitted to consensual sex or not. The laws regarding statutory rape are clearly defined state to state and may present a larger problem if disputed by the parent.

Elective abortion is always a topic of debate. States require at least one parent to consent when a minor is seeking an abortion, but a minor also can seek a judicial bypass, which is a request from a minor to not have parental consent for an abortion if they believe that notification will bring harm to the minor. Conversely, an adolescent also can refuse to consent to an abortion that the parent requests.

Immunizations also can be given with the consent of the minor, but extra precaution should be given to documentation of clear explanation of risk and benefits. Despite there being no federal law requiring parental consent, some states do require it, and it is prudent to obtain it.

Parents don’t often realize the limitations of their ability to prevent or demand treatment. So although the abortion itself falls outside the scope of care of a pediatrician, educating parents on the laws can help them navigate the situation better. Parents also may request drug, sexually transmitted infection, or pregnancy testing without the knowledge of the minor. Whether it is done is left to the discretion of the physician but the AAP advises that this only be done as a rare exception (Pediatrics 2007;119:627-30).

 

 

Now a larger consideration for physicians is financial liability. Parents are not obligated to pay for treatment and procedures for which they did not consent. The financial responsibility falls on the minor who requested it. Obviously, this could be costly for the facility, and therefore a decision has to be made to either disrupt continuity of care and refer to an outside facility or absorb the cost. This can be a challenging decision. Disclosing to the minor that payment sent through the insurance might unintentionally breach the confidentiality of the treatment is also an important consideration if the minor’s desire is to keep the parent uninformed.

The issue of consent to treatment when it comes to minors is multifaceted. Maintaining the trust of the parent and gaining the trust of the adolescent is tricky when the lines of communication between them are limited. Establishing early a relationship of trust with the parent to advise and treat the child appropriately in the event he or she does present with complex issues will settle many of the issues. More importantly, as pediatricians our goal is to establish a relationship with the adolescent so that he or she knows where to go to get good sound advice and treatment to ensure good health and prevent avoidable consequences.

Dr. Pearce is a pediatrician in Frankfort, Ill. E-mail her at pdnews@frontlinemedcom.com. Scan this QR code to view similar columns or go to pediatricnews.com.

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The relationship between parents and pediatricians is unique. More than any other field of medicine, there is a level of trust that develops because of the consistent and ongoing interaction for several years. But as the child grows older and enters the adolescent years, the relationship shifts from catering to the desires of the parent to the needs of the child.

When a strong relationship is established, the transition of trust is usually easy, and parents are very comfortable and welcoming of an independent relationship between the physician and the child. But there are many issues that come up in adolescence that may be very difficult for a child to discuss with the parent despite having a good relationship, putting the physician directly in the middle.

Dr. Francine Pearce

The issue of minor consent is complex, and because it differs from state to state, it becomes even more complex. Of course, the best approach is to have a conversation with the parent to determine their views on various issues and ask for consent to address them should their child present to you for treatment, but new patients present, and time to establish a relationship is not always possible. The American Academy of Pediatrics statement on treatment of adolescents requires that every attempt is made to encourage inclusion of the parent in any decision making.

Understanding the laws that govern the state in which you practice is imperative. The state policies and laws can be found at www.Guttmacher.org. Although there has not been a physician held liable for nonnegligent care given to a minor who gave consent, it is important for parents to understand what their child can consent to or against. It also is important for the physician to be explicitly clear as to what their limitations are by law.

A minor status is defined by age under 18 years of age. An emancipated minor is someone who attained legal adulthood because of marriage, military service, or living separately from parents and managing one’s financial affairs (Understanding Legal Aspects of Care, in “Adolescent Health Care: A Practical Guide,” 5th ed [Philadelphia Lippincott Williams & Wilkins, 2008]). These laws are very clear and do not usually cause much confusion. Where the situation becomes very grey is in the case of the mature minor. This category is recognized in some states as an exception to the rules requiring parental consent for medical care (Int. J. Gynaecol. Obstet. 1998;63:295-300). The mature minor is defined as being at least 14 years old, having the ability to understand risk and benefits, and having the ability to provide informed consent. But this requires a subjective assessment of the adolescent, which could be argued by the parent.

Minors can consent to contraceptive services in most states. In 1977, the Supreme Court ruled that the right to privacy protects a minor’s access to nonprescriptive contraception, and although prescribed contraception is not included, it is generally considered to be included (Med. Clin. North Am, 1990; 74:1097-112). It is important to note that a pharmacist under the Pharmacist Conscience Clause, in some states, can refuse to fill the prescription without parental consent at their discretion (Arch. Pediatr. Adolesc. Med. 2003;157:361-5). Although this not a common issue, it may present a larger issue if the patient requested confidentiality.

Diagnosis and treatment of sexually transmitted disease also can be done with the consent of a minor, but the age of the patient, usually greater than 14 years, is required in most states. A careful assessment must be done for abuse regardless of whether the minor admitted to consensual sex or not. The laws regarding statutory rape are clearly defined state to state and may present a larger problem if disputed by the parent.

Elective abortion is always a topic of debate. States require at least one parent to consent when a minor is seeking an abortion, but a minor also can seek a judicial bypass, which is a request from a minor to not have parental consent for an abortion if they believe that notification will bring harm to the minor. Conversely, an adolescent also can refuse to consent to an abortion that the parent requests.

Immunizations also can be given with the consent of the minor, but extra precaution should be given to documentation of clear explanation of risk and benefits. Despite there being no federal law requiring parental consent, some states do require it, and it is prudent to obtain it.

Parents don’t often realize the limitations of their ability to prevent or demand treatment. So although the abortion itself falls outside the scope of care of a pediatrician, educating parents on the laws can help them navigate the situation better. Parents also may request drug, sexually transmitted infection, or pregnancy testing without the knowledge of the minor. Whether it is done is left to the discretion of the physician but the AAP advises that this only be done as a rare exception (Pediatrics 2007;119:627-30).

 

 

Now a larger consideration for physicians is financial liability. Parents are not obligated to pay for treatment and procedures for which they did not consent. The financial responsibility falls on the minor who requested it. Obviously, this could be costly for the facility, and therefore a decision has to be made to either disrupt continuity of care and refer to an outside facility or absorb the cost. This can be a challenging decision. Disclosing to the minor that payment sent through the insurance might unintentionally breach the confidentiality of the treatment is also an important consideration if the minor’s desire is to keep the parent uninformed.

The issue of consent to treatment when it comes to minors is multifaceted. Maintaining the trust of the parent and gaining the trust of the adolescent is tricky when the lines of communication between them are limited. Establishing early a relationship of trust with the parent to advise and treat the child appropriately in the event he or she does present with complex issues will settle many of the issues. More importantly, as pediatricians our goal is to establish a relationship with the adolescent so that he or she knows where to go to get good sound advice and treatment to ensure good health and prevent avoidable consequences.

Dr. Pearce is a pediatrician in Frankfort, Ill. E-mail her at pdnews@frontlinemedcom.com. Scan this QR code to view similar columns or go to pediatricnews.com.

The relationship between parents and pediatricians is unique. More than any other field of medicine, there is a level of trust that develops because of the consistent and ongoing interaction for several years. But as the child grows older and enters the adolescent years, the relationship shifts from catering to the desires of the parent to the needs of the child.

When a strong relationship is established, the transition of trust is usually easy, and parents are very comfortable and welcoming of an independent relationship between the physician and the child. But there are many issues that come up in adolescence that may be very difficult for a child to discuss with the parent despite having a good relationship, putting the physician directly in the middle.

Dr. Francine Pearce

The issue of minor consent is complex, and because it differs from state to state, it becomes even more complex. Of course, the best approach is to have a conversation with the parent to determine their views on various issues and ask for consent to address them should their child present to you for treatment, but new patients present, and time to establish a relationship is not always possible. The American Academy of Pediatrics statement on treatment of adolescents requires that every attempt is made to encourage inclusion of the parent in any decision making.

Understanding the laws that govern the state in which you practice is imperative. The state policies and laws can be found at www.Guttmacher.org. Although there has not been a physician held liable for nonnegligent care given to a minor who gave consent, it is important for parents to understand what their child can consent to or against. It also is important for the physician to be explicitly clear as to what their limitations are by law.

A minor status is defined by age under 18 years of age. An emancipated minor is someone who attained legal adulthood because of marriage, military service, or living separately from parents and managing one’s financial affairs (Understanding Legal Aspects of Care, in “Adolescent Health Care: A Practical Guide,” 5th ed [Philadelphia Lippincott Williams & Wilkins, 2008]). These laws are very clear and do not usually cause much confusion. Where the situation becomes very grey is in the case of the mature minor. This category is recognized in some states as an exception to the rules requiring parental consent for medical care (Int. J. Gynaecol. Obstet. 1998;63:295-300). The mature minor is defined as being at least 14 years old, having the ability to understand risk and benefits, and having the ability to provide informed consent. But this requires a subjective assessment of the adolescent, which could be argued by the parent.

Minors can consent to contraceptive services in most states. In 1977, the Supreme Court ruled that the right to privacy protects a minor’s access to nonprescriptive contraception, and although prescribed contraception is not included, it is generally considered to be included (Med. Clin. North Am, 1990; 74:1097-112). It is important to note that a pharmacist under the Pharmacist Conscience Clause, in some states, can refuse to fill the prescription without parental consent at their discretion (Arch. Pediatr. Adolesc. Med. 2003;157:361-5). Although this not a common issue, it may present a larger issue if the patient requested confidentiality.

Diagnosis and treatment of sexually transmitted disease also can be done with the consent of a minor, but the age of the patient, usually greater than 14 years, is required in most states. A careful assessment must be done for abuse regardless of whether the minor admitted to consensual sex or not. The laws regarding statutory rape are clearly defined state to state and may present a larger problem if disputed by the parent.

Elective abortion is always a topic of debate. States require at least one parent to consent when a minor is seeking an abortion, but a minor also can seek a judicial bypass, which is a request from a minor to not have parental consent for an abortion if they believe that notification will bring harm to the minor. Conversely, an adolescent also can refuse to consent to an abortion that the parent requests.

Immunizations also can be given with the consent of the minor, but extra precaution should be given to documentation of clear explanation of risk and benefits. Despite there being no federal law requiring parental consent, some states do require it, and it is prudent to obtain it.

Parents don’t often realize the limitations of their ability to prevent or demand treatment. So although the abortion itself falls outside the scope of care of a pediatrician, educating parents on the laws can help them navigate the situation better. Parents also may request drug, sexually transmitted infection, or pregnancy testing without the knowledge of the minor. Whether it is done is left to the discretion of the physician but the AAP advises that this only be done as a rare exception (Pediatrics 2007;119:627-30).

 

 

Now a larger consideration for physicians is financial liability. Parents are not obligated to pay for treatment and procedures for which they did not consent. The financial responsibility falls on the minor who requested it. Obviously, this could be costly for the facility, and therefore a decision has to be made to either disrupt continuity of care and refer to an outside facility or absorb the cost. This can be a challenging decision. Disclosing to the minor that payment sent through the insurance might unintentionally breach the confidentiality of the treatment is also an important consideration if the minor’s desire is to keep the parent uninformed.

The issue of consent to treatment when it comes to minors is multifaceted. Maintaining the trust of the parent and gaining the trust of the adolescent is tricky when the lines of communication between them are limited. Establishing early a relationship of trust with the parent to advise and treat the child appropriately in the event he or she does present with complex issues will settle many of the issues. More importantly, as pediatricians our goal is to establish a relationship with the adolescent so that he or she knows where to go to get good sound advice and treatment to ensure good health and prevent avoidable consequences.

Dr. Pearce is a pediatrician in Frankfort, Ill. E-mail her at pdnews@frontlinemedcom.com. Scan this QR code to view similar columns or go to pediatricnews.com.

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Consent to treat minors: a major complexity
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mature minor, abortion, immunizations, contraception, informed consent
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