Re: Brain damaged baby case (long)

From: doctorjoe@aol.com
Wed Mar 29 09:45:51 2006


Couple of observations:

1) With regard to suspending hospital privileges and that NOT standing up - that's ridiculous. The Semmelweis Society's entire agenda is trying to overcome the massively uneven playing field in favor OF THE HOSPITAL when a physician is canned. What might be operative here is a fear that the physician, when suing to get his privileges back, might actually uncover the woefully inadequate QA process and open up a plaintiffs' Pandora's box.

2) Hospital "defense" teams routinely stonewall and try to bury the information you've outlined from plaintiffs. They KNOW they're wrong (or at least that their doctors have screwed up, nothing's been done, etc.), yet they cover up those documents on purpose (which action SHOULD be sanctionable in court, if the judge doesn't look the other way) and it's an uphill climb for the plaintiff to prove the very facts which you've outlined below. You can be critical of plaintiff attorneys. But in cases like this, the "defense" attorneys are anything but honest or ethical.

And you can bet the local news media would like that information, too.

Action Reporter, come on down!

Joe P.

-----Original Message----- From: Lynn Montgomery, MD <apgar10@qwest.net> To: Multiple recipients of list OB-GYN-L <ob-gyn-l@dns.obgyn.net> Sent: Wed, 29 Mar 2006 10:35:58 -0600 Subject: Re: Brain damaged baby case (long)

Now I am not advocating suing physicians, but let me play the devil's advocate here based on my personal experience:

-Current hospital setting without ANY quality assurance in the OB Section for eight years. -Two JCAHO inspections during that time and passed with flying colors. -Several previous hospitals with QA programs, but when deficiencies identified, no action is taken. -At least two instances where a significant problem was identified with patient management where the physician refused to respond to any inquiry on advice from his counsel - despite the supposed confidentiality of peer review. No action taken regarding the cases. -Two and now possibly three physicians with a literal stack of charts with untoward outcomes. QA recommendation that privileges be suspended pending additional training, etc, only to be laughed at by hospital counsel who state that we will all be sued and the suspension will not likely stand.

So, given these issues, how are we supposed to accomplish "Physician police thy self". And if we cannot police ourselves, which we have apparently shown we can't; who is going to?

It is easy to be critical of lawyers suing us, but I feel that we bear a good share of the responsibility by engendering a "good ole boys club" and rubber stamping our peer's practice patterns, whether appropriate or not - fearing that if we are critical of a peer's practice patterns, we may be next.

I learned quality assurance from Bob Carpenter and Ray Kaufman and have been struggling my entire career to duplicate their approach, only to be met with frustration at every turn. Lynn





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