Clinical SidebarTM
A periodic evaluation of medical-legal issues which are in the news.
January 2008
Issue: 3
Welcome to Law & Medicine's
Clinical Sidebar
TM
 
Greetings!
 
We hope you enjoy this issue of Clinical SidebarTM
 
Written exclusively by Victor R. Cotton, MD, JD, this publication analyzes medical-legal issues that you might also read about in the news and gives Dr. Cotton's straightforward approach to risk management.
 
We welcome you to forward this issue to those who would enjoy a copy using the link at the bottom of the page. If you have any questions about our educational products or how Law & Medicine can be a part of your risk reduction strategies, please contact Barb Horne at barb@lawandmed.com or (800) 808-8525.
 
Learn to reduce your risk, not just manage it.
"HIPAA & the USS Ronald Reagan"
 

On the night of December 14, 2007, a 14 year old Illinois girl named Laura Montero ruptured her appendix and fell gravely ill while aboard the Dawn Princess cruise ship. At the time, the ship was located in open water off the coast of Baja California, and hundreds of miles from a hospital. Recognizing the dire situation, the captain sent out a distress call.

The call was answered by the closest surgical facility, the U.S.S. Ronald Reagan, which was on training maneuvers 500 miles away. The aircraft carrier changed course, closed the distance between the two ships, and then launched a helicopter to cover the remaining 175 miles. Montero, who was receiving an antibiotic drip, was loaded into a litter basket, lifted into the helicopter and flown back to the Reagan for an emergency appendectomy. And, at last report, she was making a good recovery.

In the aftermath, a Navy spokesperson offered the following summary: "Where the ship was, where the land was, and the fact that the Ronald Reagan had a surgical facility on board were all factors that came into play. The option is to go to the nearest medical facility that can treat the patient."

There was no comment from the Navy, the cruise line, or the involved doctors as to any concern about medical-legal issues, nor was any comment needed. But, had this scenario been played out within range of prevailing risk management theory, one might have envisioned significant delays while the following issues were fully analyzed:

HIPAA: Will the girl's name be mentioned during radio communication between the two ships or will she be given an alias? How will the cruise ship know that it is the Reagan answering the distress call and not an imposter ship posing as the Reagan? When will the girl be notified of the Reagan's HIPAA policies? Should the policies be lowered with the rescue basket so that her mother can review them?

Informed Consent: How does the ship's presence in international waters affect the issue of informed consent? In that the girl's mother stayed behind on the cruise ship, who will give consent? Should the discussion of risks and benefits include the risks associated with being pulled off of a ship in a basket?

Documentation: Have past medical records been obtained and reviewed? Have everyone's thoughts, feelings, intuitions and reasoning with respect to all of the available options been thoroughly documented in a legible, organized and sequentially numbered manner? Has anyone used an improper abbreviation?

Fortunately, the men and women involved in this inspiring story instinctively recognized that the medical-legal issues meant nothing when compared to the value of a young girl's life, and they proceeded accordingly.

Taking care of the patient always takes priority over any and every medical-legal consideration. This principle is so important that it should serve as both the starting point and the conclusion any time the issues are discussed. "The option is to go to the nearest medical facility that can treat the patient," was all that was needed to change the course of a nuclear powered aircraft carrier.

It is unfortunate that we are regularly misled into believing that medical-legal considerations are more important than proper patient care. This type of advice is a terrible disservice to our patients and our profession. When searching for a solution to a medical-legal dilemma, we must keep in mind that "the best interest of the patient" turned the U.S.S. Ronald Reagan. And, it should have a similar effect on all of us.  

Coming Soon . . .
New E-Learning topics soon to be released: 
  • Lines of Responsibility - Specialist & PCP
  • Managing Test Results
  • Disclosure & Apology for Errors
  • Patient Responsibility

These modules are written and developed exclusively by Law & Medicine president, Victor R. Cotton, MD, JD.

Core Curriculum
Now in Hard Copy or
E-Learning format.

 

Law & Medicine's Core Curriculum is a comprehensive educational package which provides the foundation for understanding medical-legal principles.
 
Comprised of six modules, each with audio presentations and accompanying study materials, our Core Curriculum is now also accessible online through our E-Learning Modules available at www.lawandmed.com.
 
 
E-Learning


Law & Medicine's E-Learning offers additional online education through our Case Study Modules. Building upon our Core Curriculum Modules, these modules provide analysis of more in depth medical-legal risk management issues including:

 - Patient Competency
 - Actual Malpractice Cases
 - Delay in Diagnosis
 - Evaluating & Treating Pain
 - Managed Care
 - The National Practitioner Databank
 
Law & Medicine


Victor R. Cotton, MD, JD, our President, is a nationally acclaimed speaker and an award winning educator.
 

In addition to being a practicing attorney, Dr. Cotton has been at the bedside, having trained as an Internist at the Johns Hopkins Hospital. He walked in a physician's shoes for more than a decade, is married to a practicing physician, and understands medical-legal issues from a first-hand perspective.


Dr. Cotton is supported by a team of professionals with experience in the fields of medicine, law and education.

For more information about us visit our website at www.lawandmed.com.
Visit Us . . .

Pennsylvania Osteopathic Medical Association (POMA)
 
District VIII Twenty-first Annual Educational Seminar 
January 24 - 27
 
Nemacolin Woodlands, Farmington, Pennsylvania

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