Study: Malpractice worries help drive health costs

A substantial number of heart doctors — about one in four — say they order medical tests that might not be needed out of fear of getting sued, according to a new study.

Nearly 600 doctors were surveyed for the study to determine how aggressively they treat their patients and whether non-medical issues have influenced their decisions to order invasive heart tests.

Most said they weren’t swayed by such things as financial gain or a patient’s expectations. But about 24 percent of the doctors said they had recommended the test in the previous year because they were worried about malpractice lawsuits. About 27 percent said they did it because they thought their colleagues would do the test.

Doctors who treated their patients aggressively were more likely to be influenced by malpractice worries or peer pressure than those who weren’t as aggressive, the study determined.

The research was done to see whether doctors’ attitudes and practices might be contributing to the wide differences in health care use and spending across the country.

“We have known for a long time that where you live has an influence on what kind of health care you get and how much health care you get,” said Lee Lucas, lead author of the study and associate director of the Center for Outcomes Research and Evaluation at Maine Medical Center in Portland.

Some of the reasons are known: differences in disease rates, patient preferences and the availability of medical services or hospital beds. And more care isn’t necessarily better care, Lucas noted.

For the study, the doctors were asked to recommend tests and treatment for three hypothetical heart patients. Their answers were used to score them on how aggressively they tend to treat patients.

Using Medicare records, the researchers found that doctors with higher scores were more likely to be in the areas with higher spending overall or higher rates for a heart test, although the differences were small.

The doctors were also asked whether other issues had led them to recommend the heart test — called a cardiac catheterization — during which a thin tube is threaded to the heart to check how well it is working and to look for disease.

The researchers suggest that targeting malpractice concerns could help reduce the regional differences.

“We need a way for docs to be less afraid of not ordering a test,” said Lucas.

Medical malpractice was part of the health care reform debate, but didn’t make it into the recently approved legislation. The new law does include pilot programs for states to explore alternatives to lawsuits.

The study was released Tuesday by the journal Circulation: Cardiovascular Quality and Outcomes.

The results support moving toward more integrated health care, and away from fee-for-service payments, and working on malpractice reforms, said Kenneth Thorpe, a professor of health policy at Emory University in Atlanta.

Lucas said patients can help by not pressuring their doctors to do tests.

“If he says you don’t need it, let it go,” she said.

Ex- Miami Dolphins Receiver wins $11.5 Million in Medical Malpractice Lawsuit

McDuffie has been awarded $11.5 million in a lawsuit against his former doctor over his career-ending toe injury, according to the Associated Press. The doctor, John Uribe, used to work for the Dolphins as a team doctor. He called the damage award a travesty and will most likely appeal the decision.

The attorney for McDuffie told the news source that the award is fair compensation for his client’s lost earnings.

The lawsuit stems from the toe injury McDuffie originally suffered in 1999, which eventually forced him to retire after eight effective seasons in the NFL. Several other doctors have settled with the wideout rather than go to court.

McDuffie spent most of his playing career catching passes from Dan Marino. He was reasonably successful in this role, hauling in 29 touchdown passes in his career. His best year came in 1998 when he caught 90 passes for 1,050 yards and scored seven touchdowns. He also returned two punts for scores in his 1993 rookie campaign.

Shooting in Pompano Leaves One Dead, One Injured

Pompano Beach, Florida – One man is dead and was injured in a shooting outside of a Pompano Beach apartment complex.

The fatal shooting occurred Saturday evening when two men who were outside an apartment complex on Avondale Drive were approached by one or more persons. Shots were fired and the victims were transported to North Broward Medical Center in Deerfield Beach where injuries to one of them proved to be fatal.

The shooting is being investigated by BSO homicide detectives. They asked anyone with information to call BSO Homicide Det. Frank Ilarraza at 954-321-4210 or Broward Crime Stoppers at 954-493-8477, or online to www.browardcrimestoppers.org.

Many violent crimes are “crimes of opportunity”, meaning they are committed in the place which affords the perpetrator the best opportunity to avoid being seen or caught. Very often that place turns out to be a commercial property like an apartment complex, night club, bank or automated teller machine (ATM) where safety and security have been neglected.

In Florida, a land or business owner has a legal duty to provide a reasonably safe premises for their invited guests, patrons or residents. This duty includes a duty to protect against the foreseeable, preventable criminal acts of third parties.

There are several things land or business owners can do to protect their guests and possibly avoid a premises security case being filed against them. These include among other things, keeping landscaping trimmed to increase visibility and improving the lighting.

When land or business owners fail to provide a reasonably safe premises and someone is injured or killed as a result, they may be held liable for the resulting injuries or death on the theory of negligent or inadequate security. Negligent security cases ultimately help to make our communities safer. The crime victim’s compensation will depend on many factors and each incident must be independently evaluated.

If you or someone you know has been injured or killed as a result of violent crime, call our Florida premises security lawyers today for a free consultation about your potential inadequate security case. Our trial lawyers are experienced in all types of catastrophic personal injury and medical malpractice cases.

Man found fatally shot in Miami

A man was found fatally shot outside a Miami apartment complex Wednesday, police said.

The man appeared to be in his 20s, police spokeswoman Kenia Reyes said. He was found in the 1100 block of Northwest Eighth Street Road, she said.

After reports of the shooting came in, paramedics rushed to the scene, where the man died.

Police are investigating. They said a four-door, gray vehicle was involved.

OSHA calls for $90,000 in penalties for Griffin Industries’ Florida plant.

The AP (9/10) reports, “The federal Occupational Safety and Health Administration is proposing $91,275 in penalties following an inspection of Griffin Industries in Starke. The rendering plant is being cited with one willful violation and a $55,000 proposed penalty for not providing workers with fall protection when working above an industrial blender. It also faces another $36,275 in proposed penalties for five other OSHA violations.”

        The Gainesville Sun (9/9, Clark) added that the citations “include three serious and one ‘other-than-serious’ violations for failing to anchor a machine, not providing a lock to lock-out equipment, not shutting down equipment during cleaning and not covering a floor hole. Griffin has 15 days to comply, request a meeting or contest the citations and penalties. … The company, headquarted in Cold Spring, Ky., collects and recycles meat and poultry by-products, grocery scraps, restaurant grease and bakery waste for use in pet and animal food, leather, turf, and industrial/chemical and petroleum industries.”