Know Your Doctor

I was working with an executive at a local media outlet on a marketing campaign for our law firm. We spoke on the phone and met in person quite a bit to discuss the project. In doing so we developed a cordial, friendly relationship. In the course of some chit chat with her one day, she mentioned that she and her husband were attempting to have a baby with the aid of a Chicago area fertility doctor. At the time I was working on a medical malpractice case arising out of the death of a young woman caused when the fertility specialist she was seeing negligently damaged her bowel during a surgical procedure. In light of my involvement with that case I asked the executive who her doctor was. It turned out that she was seeing the same physician whom we were suing. Though I was at first a little reticent about doing so I decided to tell her about my case. I figured that she was entitled to know what I knew about this physician. When I did, she confided that she had had her own concerns about the doctor. She and her husband ended up adopting a child instead.

People look into the backgrounds of their babysitters and plummers. All too often, however, patients do not take a few moments to look into their physician's background. All 50 states and the District of Columbia allow patients to look up the status of a physician's medical licensure. Some states will even show you online whether a doctor has been disciplined. There is simply no reason not to take advantage of this service when seeing a new doctor.

I have put together a link (located on the right side of this blog) that will take you to a list of all 50 states and the District of Columbia. Click on a state and you will immediately be taken to that state's medical license look up service.

On the benefits of requesting an autopsy

Over the last 13 or so years, I've worked with many families who have just lost a loved one. There is so much that goes through your mind when that sort of tragedy strikes; so much to think about and so much you do not want to think about. In my experience these overwhelming feelings are compounded when the death takes place in a health care facility under confusing or suspicious circumstances. Family members tend to feel anger (what did the hospital/doctors do or not do) and guilt (is there something I should have done differently), in additional to the sense of terrible loss. Getting answers that uncover why and how the death occurred when it did often seems to help family members cope with many of these emotions. The best pathway to understanding "why" is to have an autopsy performed.

Often the last thing on many people's minds when they have lost a loved one is submitting the deceased's body to the autopsy process. Frankly, it is a gruesome thought. However, nothing is better for uncovering answers, for getting to the bottom of why. If a medical malpractice lawsuit is to follow, an autopsy will be extremely helpful in putting together the case against the hospital, doctors and nurses.

I recently read an article in the New York Times written by a physician that offers a very nice explanation of the benefits of autopsy. You can read the article by clicking here.

A doctor with a troubling record

Many doctors get sued for malpractice. Some good doctors even get sued more than once. However, there are some bad doctors out there, physicians who should be denied the privilege (it is not a right) of practicing medicine. This morning's Chicago Tribune exposes one such doctor, Mayer Eisenstein. I am quite familiar with this character as I sued him many years ago for pediatric malpractice. We alleged that Dr. Eisenstein and another physician in his group failed to take action in response to a baby whose head was growing in circumference at an unusual and alarming rate. They documented the disturbing growth, and we felt that they should have seen that it was literally off the charts. We alleged that because they did nothing, the child experienced a severe seizure. She ended up with profound and permanent brain damage. The pediatric expert that I hired to review the medical records was astounded by what he saw. He could not believe that any licensed physician could ignore such profound growth. Tragically too, the treatment to relieve the pressure in the child's head would have been simple and would have prevented the unfortunate outcome that befell her.

We sued Dr. Eisenstein and his group only to find that he had no medical malpractice insurance. It was a situation in which the family needed millions to take care of their daughter for the rest of her life, yet there would be no way for them to be adequately compensated. Dr. Eisenstein would never have to answer the charges against him in a court of law. It was one of the most unfortunate circumstances that I have come across in my career. I often think of that little girl, even today, some 10 years since I took on that case.

Thank you Chicago Tribune for exposing this doctor. Hopefully, today's reporting will warn other families away from Dr. Eisenstein and those of his ilk.

Reduction in medical errors

Sadly, in 10 years medical errors have been reduced not at all. Read the story here.

Lupron: Autism Cure or False Hope?

There will always be snake oil salesmen, hucksters looking to separate you from your money in exchange for the drug to cure whatever ails you. Sometimes such folks offer a harmless though ineffective remedy for a mild problem. Sadly, however, on other occasions real doctors offer false hope that can be dangerous and heartbreaking. The Chicago Tribune is reporting this morning about a some doctors who are proposing treatment of autism with a drug called Lupron. There is an untested, unproved theory floating around that autism may be linked to testosterone. Lupron is a drug that has been used to chemically castrate sex offenders. "Children with autism have too much of the hormone, according to the theory, and . . . Lupron can fix that," says the Tribune story. The problem is that this theory is pure quackery. The Tribune noted, "Four of the world's top pediatric endocrinologists told the Tribune that the Lupron protocol is baseless, supported only by junk science. More than two dozen prominent endocrinologists dismissed the treatment earlier this year in a paper published online by the journal Pediatrics."

In the Chicago area patients can apparently get the "treatment" though a family doctor named Mayer Eisenstein, M.D. According to the Tribune story, Dr. Eisenstein has had no experience treating autistic children. He is a physician who runs Homefirst Health Services, which advocates home birth. He has been sued numerous times for alleged medical malpractice. He has been known in the past to practice without any medical malpractice insurance of any kind. One has to wonder what kind of physician practices without malpractice insurance.

Hope is a terrible thing to prey upon. There is no cure for autism. For parents of autistic children the desire to help, to find a cure is undoubtedly strong. For physicians to exploit the vulnerability of hopeful parents and their autistic children is profoundly troubling. The lesson, of course, for parents and patients: Do your homework. Remember the old adage that if it seems too good to be true it probably is. Use the resources available on the internet to research treatments for autism or any other ailment, condition or disease. Though it can be painfully hard, lead with your head and not your heart. Be skeptical, smart and thorough.

Click here to view the American Academy of Pediatrics autism web page.

Time matters.

In preparing to give a lecture to medical residents I came across a journal article from a few years ago studying the causes of errors in the family practice setting. I was interested -- though not too surprised -- to read that "physician stressors" were reported by physicians themselves as one of the main causes for medical errors. The top stressors identified were the physician feeling "hurried," the physician feeling "distracted" and "the time of the visit was stressful to the physician (eg, night, weekend, off-duty hours, quitting time)."

Physicians are people too (though some may see themselves as something close to divine). They get tired, pissed-off, anxious. At quitting time they want to go home. Health problems and medical emergencies don't always occur at convenient hours, and patients are most certainly due good, competent care at all times of the day and night. However, for those visits to the doctor than are not emergencies, schedule an appointment when your doctor is least likely to be stressed. Get the first appointment of the day, and always try to avoid being the last patient he or she sees. Once you've seen your doctor for a period of years you'll get to learn when she's least busy and more likely to give you her undivided attention. Ask your doctor when the best time is to schedule a visit. You'll be better off for it.

Watch Out For Medical Billing Errors

Apparently, many doctors are removing the wrong amount of money from many patients' wallets. According to Consumer Reports 80% of medical bills contain errors.