$200+ million verdict: It started with a midlevel's mistake

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I may have misunderstood his/her post. To me it sounded like: 'DWI is something esoteric that is sparsely available and consumes a lot of time'. Neither of these is imho true.

If you have time to do a second CT, you could have done an MRI instead.

At my shop, getting an emergent MRI, if we are going to try and guide lytics, requires just short of calling the hospital CEO. The sequence itself takes less time than transporting the patient to the scanner.

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Tired,

I have a question. Patient steps off two level steps and falls. Turns ankle inward. Severe pain. Blood begins to fill sole of foot. AP and lateral ankle shows nothing. Sent home. Walks around on ankle but ongoing pain. Reevaluated, but no new films. Finally a CT shows fractures in multiple subtalar areas, incl. cub. Develops an arthritis with permanent impairment (pain) of ankle. Was omission of oblique view on ankle malpractice? Are obliques standard of care in "sprained" ankles with bleeding. (This is not a case, pending or otherwise--it is question about whether obliques should be routinely included, and when CT should be done right away.)
 
Tired,

I have a question. Patient steps off two level steps and falls. Turns ankle inward. Severe pain. Blood begins to fill sole of foot. AP and lateral ankle shows nothing. Sent home. Walks around on ankle but ongoing pain. Reevaluated, but no new films. Finally a CT shows fractures in multiple subtalar areas, incl. cub. Develops an arthritis with permanent impairment (pain) of ankle. Was omission of oblique view on ankle malpractice? Are obliques standard of care in "sprained" ankles with bleeding. (This is not a case, pending or otherwise--it is question about whether obliques should be routinely included, and when CT should be done right away.)

I am not experienced enough to say whether or not an acute fracture of the type you describe should be detectable on plain films by non-Orthopaedic physicians. I am also not far along enough in my training to comment on the probability of detecting such a fracture with an oblique vs a lateral view. Certainly in the mechanism you describe, this is not the first (or second, or third, or probably fourth) fracture you would go looking for.

That being said, I have never ordered a 2 view ankle film. Always 3. Otherwise you cannot evaluate the clear space or talar dome adequately (though my rationale is beside the point in the case you describe).
 
Some of you guys seem pretty quick to turn on one of your own.

1) The ER Doc who was working that day probably didn't have anything to do with hiring that PA, nor any clue he was unlicensed. Do you expect him to go around before the beginning of his shift and ask for documentation from all the PA's, RN's, EMTs , etc? He probably just came to work and did his job like any other day. Who knows, the "PA" may have came to him and said "I've got this young guy with a headache in room 4, no risk factors, neg neuro ROS; neg exam; he seems fine and really dramatic - I think he's med seeking," and not even told the EM physician that it was the patients second visit. Now, you can say the MD should have gone to see the patient, looked up the old records, etc. But then, why would you have a PA anyway? It would be easier to do it yourself than to listen to someone tell you about it and then go do it yourself. I don't think anyone who comes to ED for the second time should be seen by a PA. Not that PA's aren't great, but those are very dangerous patients. By the way, in the ED's I've worked in PAs see their own patients and only get the MD if there is something they're unsure about. The PA might not have even told the MD about this patient.


2) It's easy for you to say what should have been done, now that you know what happened. Monday morning quarterback. You weren't there, and you don't know what the patient was really complaining of. For every case like this, there's a hundred others that were nothing. Some of you say we need to keep everyone on a short leash. OK, but we will make mistakes too. We have all already made them and we'll make more in the future. Maybe your mistakes haven't hurt someone, or maybe they did and you don't know about it. When I read this story a month or two ago it gave me a sinking feeling in the pit of my stomach. Maybe I wouldn't have made that mistake but I'm sure capable of making one just as bad. You know, things aren't quite as simple when you're looking at a stable patient, you've got an STEMI in the next room and a trauma coming in, 4 patients in the rack, the neurologist on call is notoriously difficult to work with, you don't have 24 hour MRI, and getting a transfer to the bigger hospital takes an act of God because the patient doesn't have insurance. Not that any of this would be an excuse, but my point is you don't know the circumstances. Not even every ED has neurology on call.

It seems like everything is a BS consult until the MRI results/Stress test/CT Abdomen comes back. Even as a medical student, I've seen more than enough patients that the resident or attending thought were "BS consults by the ED/IM Doc" that ended up being appendicitis, ectopic, SAH, TIA, MI, or some other real disease.
 
I agree with this (bolded) wholeheartedly and have been in the ED many times in just that situation.
HOWEVER, don't you see the worrisome possibility that the ED attending who may not have known the (unlicensed, not-really-a-PA, official title a "scribe") person he was working with relied on the H&P/assessment of this patient? Any way you slice it, either the attending didn't do his job or the un-PA was practicing medicine without a license. If the attending was really caught unawares, then this is an administration problem that should go all the way to the top and the attending should in turn sue the admin who knowingly allowed the guy to "play doctor". I can imagine if this happened when one of our locums docs was on--they don't really know us PAs all that well and if they couldn't trust that we were REALLY PAs I wouldn't blame them for being gunshy. Very bad situation all around.
Moral of the story: you should know the credentials of the people you work with. If you're gonna be in any way construed to be even partially liable for their actions, you need to know they're legit. Otherwise it could happen to you.
L.

2) It's easy for you to say what should have been done, now that you know what happened. Monday morning quarterback. You weren't there, and you don't know what the patient was really complaining of. For every case like this, there's a hundred others that were nothing. Some of you say we need to keep everyone on a short leash. OK, but we will make mistakes too. We have all already made them and we'll make more in the future. Maybe your mistakes haven't hurt someone, or maybe they did and you don't know about it. When I read this story a month or two ago it gave me a sinking feeling in the pit of my stomach. Maybe I wouldn't have made that mistake but I'm sure capable of making one just as bad. You know, things aren't quite as simple when you're looking at a stable patient, you've got an STEMI in the next room and a trauma coming in, 4 patients in the rack, the neurologist on call is notoriously difficult to work with, you don't have 24 hour MRI, and getting a transfer to the bigger hospital takes an act of God because the patient doesn't have insurance. Not that any of this would be an excuse, but my point is you don't know the circumstances. Not even every ED has neurology on call.

It seems like everything is a BS consult until the MRI results/Stress test/CT Abdomen comes back. Even as a medical student, I've seen more than enough patients that the resident or attending thought were "BS consults by the ED/IM Doc" that ended up being appendicitis, ectopic, SAH, TIA, MI, or some other real disease.
 
They fvcked up bad.

The initial story the dude presented with sounds like some sort of hemorrhagic insult. And although 95% of all bleeds show up on CT, 5% don't. At that point its all about clinical suspicion, and this was a very suspicious story.

Dude should've gotten an LP for RBCs. They should've looked in his eyes for papilledema for increased ICP.

Failing that, the MRI would be a good option.


I'd say this story speaks more about the rush-job that being an ER doc has become, than about the "dangers of PAs".

Really, now. If the public gave a damn about healthcare, they'd pressure the govt to hire more ER docs and pay them far more to do their job RIGHT, without having to rely on midlevels who are trained only in cookbook medicine.
 
The initial story the dude presented with sounds like some sort of hemorrhagic insult.

The initial story was a guy with a headache that thought he heard a "pop". The stroke symptoms came later, as was pointed out earlier in this thread. If the "pop" was from a vessel bursting then there would have been blood on one of the CT's. Sounds like he ended up with an ischemic event, not a hemmorhagic one. It might not have even been related to his headache. The LP would likely have been normal.

And how do you know they didn't look in his eyes? If they did, it was probably normal because ICP increases AFTER the acute event.

Oh, and I agree with you on more pay, less rush, and no midlevels except in fast track.

Maybe I'm missing something, but the whole midlevel thing seems really unfair to me. The midlevels I've worked with see their own patients, sign their own charts, and rarely talk with the EP unless they have something that was mis-triaged or they have a question (this is in the private world, academics is different). And then we're supposed to be responsible for their mistakes? If their going to see patients, then they should take responsibility for them - good outcomes or bad.

I think PA's should just see the fast track, low acuity patients and carry their own malpractice. It's not because I think PA's aren't capable, but because if there's a mistake made I want to have only one person to blame. And no-one who bounces back should be seen by a PA
 
Who am I, and Why am I here?
 
Huh?
Who am I, and Why am I here?

Wallowa: "fast track only" is no guarantee the PA won't see complicated cases. I've had open fractures in fast track (go to OR), acute abdomens, ectopic pregnancies, facial fractures and subdural hematomas. Plenty of people who look stable but if you dig a little you'll see what the triage nurse missed. The bottom line is you need to know your PA is capable and the PA needs to know the doc has his/her back when things go bad. Anyone who thinks only sore throats and runny noses end up in fast track is blissfully naive.
 
The initial story was a guy with a headache that thought he heard a "pop". The stroke symptoms came later, as was pointed out earlier in this thread. If the "pop" was from a vessel bursting then there would have been blood on one of the CT's. Sounds like he ended up with an ischemic event, not a hemmorhagic one. It might not have even been related to his headache. The LP would likely have been normal.

In my opinion, if a youngish man with no prior headache history presents with an instant-onset headache with confusion, dizziness, NV, and diplopia, then its a hemorrhagic insult until proven otherwise.I disagree that it sounded like ischemia on first presentation, since he was not expressing focal signs.

Non-contrast enhanced CTs may not show hemorrhage if done within the first one or two days, although it should show up within 72hours 95% of the time. However, with SAH, that's far too long to wait for a CT to show blood.

If the CT is negative and your suspicion is high, an LP is the next step. Blood would be present since the SA space communicates with the spinal canal. Even if it were negative, a prudent physician would monitor the guy for at least 6 more hours to repeat the LP and look for xanthochromia.



And how do you know they didn't look in his eyes? If they did, it was probably normal because ICP increases AFTER the acute event.

You have a good point here: you wouldn't expect to see papilledema so soon after the SAH. However, a regular Cranial nerve exam would perhaps reveal some deficits - not unreasonable considering the diplopia.

Oh, and I agree with you on more pay, less rush, and no midlevels except in fast track.

Midlevels should be relegated to the paperwork. The medicine should be done by the doctors. Even on fast track, I've seen people come in with fairly mundane complaints that, upon further investigation, were actually true pathology: mild vertigo is a vestibular schwannoma; mild chronic back pain that does not respond to NSAIDs as usual is MI secondary to triple-vessel occlusion; old guy with "functional decline" has infective endocarditis. A midlevel does not possess the knowledge to effectively diagnose these conditions when they present insidiously.

The truth is that doctors are overworked and cannot afford to take the time to pay strict attention to details, hence the hiring of the midlevels. This is a horrible solution. What should happen is the hospital should hire more doctors and have more working at any given time, and pay them more to do it. It's a crucial job that nobody else can do right, especially midlevels.

Maybe I'm missing something, but the whole midlevel thing seems really unfair to me. The midlevels I've worked with see their own patients, sign their own charts, and rarely talk with the EP unless they have something that was mis-triaged or they have a question (this is in the private world, academics is different). And then we're supposed to be responsible for their mistakes? If their going to see patients, then they should take responsibility for them - good outcomes or bad.

They shouldn't be seeing patients at all. They should be doing the paperwork and that's it!

I think PA's should just see the fast track, low acuity patients and carry their own malpractice. It's not because I think PA's aren't capable, but because if there's a mistake made I want to have only one person to blame. And no-one who bounces back should be seen by a PA

Unfortunately, the onus falls on the supervising physician if a midlevel screws up. What's the point of a midlevel if they have no authority to definitively diagnose and treat patients? I fail to see it other than as a cost-cutting measure for hospitals to use: you can hire 6 midlevels for the price of one physician.
 
In my opinion, if a youngish man with no prior headache history presents with an instant-onset headache with confusion, dizziness, NV, and diplopia
You didn't read the article either. What's wrong with you kids? No focal neurologic signs until the repeat presentation on the day after the ER visit in question, according to the article.

You have a good point here: you wouldn't expect to see papilledema so soon after the SAH. However, a regular Cranial nerve exam would perhaps reveal some deficits - not unreasonable considering the diplopia.
No diplopia until the next day.

What should happen is the hospital should hire more doctors and have more working at any given time, and pay them more to do it.
Sounds like a dream come true. Now, who wants to pay for it?

It's a crucial job that nobody else can do right, especially midlevels.
They shouldn't be seeing patients at all. They should be doing the paperwork and that's it!
That is ridiculous. Midlevels exist because there is a need for them. People spend years of their lives and hundreds of thousands of dollars in training, and then they are all bitter and want to go into derm and rads so they can have lives and make bank. Nobody wants to take care of the regular stuff anymore. Hence the need for midlevels. If you get rid of them there will be nobody to do their job because all the MDs are out popping pimples.

Regarding patient care skills, well, there are smart, well-trained doctors and there are dumb, poorly-trained doctors. There are also smart, well-trained midlevels and dumb, poorly-trained midlevels. That is never going to change and it is not the case that everybody who happens to hold the golden MD is going to treat every case to the platinum standard.
 
You didn't read the article either. What's wrong with you kids? No focal neurologic signs until the repeat presentation on the day after the ER visit in question, according to the article.


No diplopia until the next day.

No, dad. You are wrong.

The following is directly from the article. Read carefully:

On Aug. 9, 2000, Allan Navarro, then a 44-year-old machine operator who had been a professional basketball player in the Philippines, entered University Community Hospital-Carrollwood with a headache, nausea, dizziness, confusion, and double vision. He described a personal history of hypertension, diabetes, and elevated cholesterol, plus a family history of stroke...


Mark Herranz, a physician extender, examined Navarro, who reported the sudden onset of a severe headache and feeling a "pop" in his head. Herranz ordered blood tests and a CT scan (without contrast), which were approved by ED physician Michael Austin.



Austin didn't repeat the exam, history, or neurological assessment that Herranz had performed. Instead, he relied upon Herranz's findings to diagnose "sinusitis/headache," the lawsuit said. Austin prescribed a painkiller and an antibiotic and discharged the patient...






The next morning, Navarro awoke with a severe headache, slurred speech, nausea, confusion, and trouble walking. His wife brought him back to the ED.


Dare I say PWN3D?




Sounds like a dream come true. Now, who wants to pay for it?

If people do not lobby and put political pressure on the government to increase the salary, and thus the quality, of physicians, then they'll continue to receive substandard care from midlevels.

A government is only a reflection of the society that it governs. Right now, people have the Iraq War, the housing crisis, and American Idol higher on the list than substandard health care. So that's what society gets addressed.


That is ridiculous. Midlevels exist because there is a need for them. People spend years of their lives and hundreds of thousands of dollars in training, and then they are all bitter and want to go into derm and rads so they can have lives and make bank. Nobody wants to take care of the regular stuff anymore. Hence the need for midlevels. If you get rid of them there will be nobody to do their job because all the MDs are out popping pimples.

Docs wouldn't mind so much if their salary went way up. or there were more doctors working with them to lighten the load. I know I wouldn't mind!

Regarding patient care skills, well, there are smart, well-trained doctors and there are dumb, poorly-trained doctors. There are also smart, well-trained midlevels and dumb, poorly-trained midlevels. That is never going to change and it is not the case that everybody who happens to hold the golden MD is going to treat every case to the platinum standard.

An MD is more likely to treat to the national standard than a PA. PAs just don't have the knowledge base. Why not just let nurses do it? They have far more experience than most PAs when it comes to emergency patients, don't they? PAs are a ridiculous concept that I vehemently oppose. They benefit only the ones hiring them - the patient comes second.

Doctors should be the only ones to do medicine, and they should demand to be reimbursed significantly for their very specialized knowledge in ANY field. Having PAs do our job cheapens it. With enough time, MDs won't be necessary for anything except the most subspecialized of fields.
 
Sounds like MacGyver has opened a new account.
 
Oh my goodness. I took a weekend off and look what happened here...
Agree with Chronic Student.
Obviously "Substance" has no idea what we know or what we do.
Have fun in clinic and on rounds when the big bad PAs won't help you out....
 
Oh my goodness. I took a weekend off and look what happened here...
Agree with Chronic Student.
Obviously "Substance" has no idea what we know or what we do.
Have fun in clinic and on rounds when the big bad PAs won't help you out....

No surprise this is coming from a PA.

Honestly, I'm not MacGyver. I come from Canada and we get along just fine without PAs. That's why I find it kind of ridiculous that PAs have so much clout in the USA.
 
So, lets see. You are in Canada and don't work with PA's but in your expert opinion we cannot do anything but paperwork.

You've changed my mind.

I will now relegate myself to FMLA paperwork and I'll even have that checked by my attending physician.

I'm sure glad I've never caught anything that a doctor (or PA or NP) has missed.

Well except for that Brown-Sequard syndrome the other day, oh and that seizure last week that the doc told the family was just shivering. Now that you mention it I did catch the meralgia parasthetica that was sent over from the family practice doc last week as well.

Seriously, there are good docs, bad docs, good PA's, bad PA's, good NP's and bad NP's. Once again, instead of maligning an entire profession, how about judging us on our own merits. PA's have been around since the early 70's and I'm still waiting for the trail of dead bodies that chicken little keeps talking about.

You have already admitted you don't have any experience with PA's and if you have not seen anything that was missed by someone than you have not been around medicine long.

It may suprise you as well to know that in the real world most docs and PAs get along just fine and work together.

IMO, the most vitriol, sweeping proclamations and portents of doom come from those with the least experience.
 
No surprise this is coming from a PA.

Honestly, I'm not MacGyver. I come from Canada and we get along just fine without PAs. That's why I find it kind of ridiculous that PAs have so much clout in the USA.
Hate to burst your bubble:
http://www.cma.ca/index.cfm?ci_id=10039495&la_id=1

There have been PAs in the military in Canada for many years. The Canadian medical system seems to be pretty gung ho about adopting them.

David Carpenter, PA-C
 
You really missed the point here. It's not that they are held to a higher or lower standard than a layperson. Both are held to an infinitely high standard compared to a licensed professional, because if the MD was relying on an unlicensed provider and there was an adverse outcome, it's basically automatic malpractice.

If the person in question had been a licensed PA then this suit would have either been settled or dismissed, almost certainly. There is no lesson here for those who work with real midlevel providers.

Also, if you graduate medical school and are not licensed, then no, legally you aren't a physician. Residents work under training licenses.

You can argue whether or not a 'non-state-licensed' MD/DO is or is not a physician. But there are states that require you to obtain a full medical license in that state before progressing to PGY-2. In my case, Oklahoma. Other states, e.g. Texas, offer 'in-training permits' etc, and these permits limit practice to inside the institution. On the other hand, there are many graduates of residency programs that emerge without any license. I would disagree that not being licensed anywhere prevents anyone from calling themselves a physician, or a nurse, or a PA, etc etc. To practice in a state, hence work, requires a license. All a license really is 1) fees-another tax 2)credential check. I just got my Texas medical license, which took ten months, and around $2,000, and lots of headache. Its funny I went through all that just to continue doing what I do everyday here in Oklahoma just south 180 miles off I-35.
 
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