Applications of justification and optimization in medical imaging: examples of clinical guidance for computed tomography use in emergency medicine.

Availability, reliability, and technical improvements have led to continued expansion of computed tomography (CT) imaging. During a CT scan, there is substantially more exposure to ionizing radiation than with conventional radiography. This has led to questions and critical conclusions about whether the continuous growth of CT scans should be subjected to review and potentially restraints or, at a minimum, closer investigation. This is particularly pertinent to populations in emergency departments, such as children and patients who receive repeated CT scans for benign diagnoses. During the last several decades, among national medical specialty organizations, the American College of Emergency Physicians and the American College of Radiology have each formed membership working groups to consider value, access, and expedience and to promote broad acceptance of CT protocols and procedures within their disciplines. Those efforts have had positive effects on the use criteria for CT by other physician groups, health insurance carriers, regulators, and legislators.

Why do physicians order unnecessary preoperative tests? A qualitative study.

BACKGROUND: Routine preoperative testing is ineffective and costly. We explored reasons for the continued use of unnecessary preoperative tests and approaches to limit such testing. METHODS: We interviewed 23 physicians and nurse administrators involved in preoperative decision-making in our local health care environment. We conducted interviews using a semi-structured format and analyzed the data using a template organizing style. RESULTS: Some interviewees feel routine preoperative tests are beneficial, others are ambivalent about preoperative tests in their practice, and many believe there is considerable unnecessary testing. As interviewees discussed factors that lead to the ordering of unnecessary preoperative tests, five major themes emerged: practice tradition, belief that other physicians want the tests done, medicolegal worries, concerns about surgical delays or cancellation, and lack of awareness of evidence and guidelines. Interviewees suggested that a consensus guideline, improved education, and increased collaboration between specialities could decrease unnecessary testing. CONCLUSIONS: Our qualitative findings demonstrate barriers to limiting unnecessary preoperative testing but also suggest interventions that could improve the preoperative testing process. Minimizing unnecessary preoperative tests could decrease cost, maximize quality, and improve the patient experience.

Management of the suicidal patient in the era of defensive medicine: focus on suicide risk assessment and boundaries of responsibility.

Suicide is universal within the range of human behaviors and is not necessarily related to psychiatric morbidity, though it is considerably more prevalent among psychiatric patients. Considering the limitations of medical knowledge, psychiatrists cope with an unfounded and almost mythical perception of their ability to predict and prevent suicide. We set out to compose a position paper for the Israel Psychiatric Association (IPA) that clarifies expectations from psychiatrists when treating suicidal patients, focusing on risk assessment and boundaries of responsibility, in the era of defensive medicine. The final draft of the position paper was by consensus. The IPA Position Paper established the first standard of care concerning expectations from psychiatrists in Israel with regard to knowledge-based assessment of suicide risk, elucidation of the therapist's responsibility to the suicidal psychotic patient (defined by law) compared to patients with preserved reality testing, capacity for choice, and responsibility for their actions. Therapists will be judged for professional performance rather than outcomes and wisdom of hindsight. This paper may provide support for psychiatrists who, with clinical professionalism rather than extenuating considerations of defensive medicine, strive to save the lives of suicidal patients.

Advance treatment directive: a tool for dialogue or self-protection in the physician-patient relation?

The authors intend to assess the efficacy of the advance treatment directive as a tool for involving patients into the decision-making process and the actual implementation of the physician-patient communication. It seems particularly appropriate to distinguish between "generic" advance directive, happening outside of the physician-patient relation, and documents drafted with the assistance of care providers, in the context of such an information and communication process. That is, in order to guarantee the awareness of patients and the pertinence of the disclosed indication to the current situation with reference to the subject-matter of advance treatment directive. In addition, considering the different ways for the will of a patient to be conveyed--written statements, unexpressed will reported by witnesses, expressed will in an intelligible way by patients with severe verbal communication deficit--it is deemed important to identify the formal requirements for the validity of the above expressions of will. From an ethical standpoint, if we transcend a merely contract-centred and defensive vision of the physician/patient relation, the positive meaning of autonomy lays in its effective enforcement in the decision-making and care processes, with regard to the defined circumstances and the specific objects it refers to. Physician/patient communication means, for the purposes of this discussion, a preferential tool to balance the substantially asymmetrical relation between a physician and a patient: the process is based on a path of mutual recognition where the formal protection of each other's scopes of competency and right to self-determination stand for an essential requisite, though only preliminarily, to the actual accomplishment of consent in its cognitive and practical features.

O consentimento informado para além da medicina defensiva / The informed consent beyond the defensive medicine

O consentimento informado é uma exigência ética e legal na assistência médica. Na perspectiva da Medicina Defensiva, o consentimento informado é visto como documento que visa a proteger os interesses do médico. Na perspectiva da Bioética, é um processo que visa a proteger os interesses do paciente. Numa visão jurídica fundamentada na Bioética, conclui-se que o consentimento informado é processo, que pode ser expresso na forma escrita, que visa proteger interesses tanto de médicos quanto de pacientes.

The informed consent is a legal and ethical requirement in medical care. In the perspective of Defensive Medicine, informed consent is regarded as a document to protect the doctor. On the Bioethics standpoint, informed consent is a process which aims the protection of the patient. In a legal stance based on Bioethics informed consent is a process that can be expressed in written form, to protect both doctors and patients.

Conduta atual nas síndromes compressivas do membro superior / Current approach to upper extremities entrapment neuropathies

As síndromes compressivas estão entre as causas mais comuns de queixas nos ambulatórios dos cirurgiões plásticos e ortopedistas. Os sintomas podem ser evidentes, mas muitas vezes passam despercebidos ao médico generalista. Facilmente são confundidos com sintomas vasculares, da “idade” ou somatização. O entendimento da fisiopatogenia destas lesões auxiliará no diagnóstico precoce e no tratamento mais adequado de cada caso. Neste artigo abordaremos de forma simplificada o manejo clínico, diagnóstico e a conduta nas principais síndromes compressivas do membro superior.

Compressive syndromes are among the most commons causes of complaint in the offices of plastic surgeons and orthopedists. Although the symptoms may be evident, they often go unnoticed to the primary-care physician. They are easily mistaken for vascular symptoms, “aging”, or somatization. An understanding of the physiopathogeny of such lesions will be helpful in the early diagnosis and to select the most appropriate treatment for each case. In this article we briefly address the clinical management, diagnosis, and the approach to the main compressive syndromes of the upper limbs.

Standards for clinical evaluation and documentation by the emergency medicine provider.

Pediatric emergency medicine is full of challenges. When a pediatric patient has a poor outcome after treatment in an emergency department (ED), a malpractice lawsuit is likely to result. Pediatric emergency medicine (PEM) physicians might sometimes alter their medical care and practice "defensive medicine" in hopes of avoiding a malpractice lawsuit. Radiographs and other diagnostic studies might be ordered without true indications to "completely rule out" a diagnosis. This can result in excess radiation for a child. On the other hand, failure to order the appropriate study or misinterpretation of a radiographic study by a radiologist or an emergency physician can result in a malpractice lawsuit. PEM physicians must work cooperatively with radiologists to improve the care for children in the ED. Together these specialists can decide on appropriate studies for children in the ED, keep radiation exposure to a minimum and ensure proper management based on these studies.

How to avoid being sued in clinical practice.

Challenges to clinical management are a fact of professional life. Every doctor must expect to become embroiled in complaints and claims from time to time and be prepared to justify why they managed a particular case in the way that they did. Good medical practice is defensible practice, which depends upon staying within the limits of your own expertise, keeping up to date and conducting audit, ensuring your administration is effective and that patients are not allowed to slip through the net, that you communicate effectively with patients, their carers and colleagues, and that medical records recall all salient facts relating to the patient. If things go wrong, be open, investigate the facts, explain the situation fully to the patient, and do not be afraid to apologise.

[The precautionary principle and the obligation of medical action]. / Le principe de précaution et l'obligation d'action médicale.

Since Antiquity, medicine has been based upon the principle of prudence. In recent years, the principle of precaution has stolen over the medical conscience and has especially been forced on doctors under pressure from a Society searching for a new Holy Grail; the utopia of zero risk and the fear for magical power of an omnipotent medicine. The principle of precaution should be capable of warding off all these evils of techno-scientific progress applied to Health. Thus, in a few years, a new norm has established itself first for the environment but which has today extended to the domain of medical decisions. It is essential that the medical authorities attract the attention of politics and of the judiciary to the dangers of blindly transposing the principle of precaution in ecology to the world of medicine. The risks of deviation are numerous, the eventual perverse effects would be detrimental to patients and health security would be endangered by paralysis and conservatism. Medicine is neither the Art of Curing nor the Art of not Harming, ... it is the Art of Caring! ...

El cirujano ante la justicia / The surgeon in the presence of the justice

Antecedentes: El creciente aumento de las demandas por mala práctica es una preocupación de los cirujanos e interfiere en el libre ejercicio de su especialidad. Objetivo: Analizar los principales factores que influyen en este problema, los inherentes al médico y los ajenos al mismo. Proponer hechos o gestos para disminuir o frenar las demandas judiciales. Marco de referencia: Comité de Asuntos Profesionales de la Asociación Argentina de Cirugía. Diseño y población: Análisis retrospectivo de las demandas contestadas desde 1982 hasta 1997. Totalizan 209 casos con progresivo aumento. Sólo el 5,7 por ciento en el fuero penal. La patología más frecuente fueron apendicitis y oblitos, a partir de 1996 la cirugía laparoscópica con 36,7 por ciento. Conclusiones: Rescatar la relación médico-paciente, correcta redacción de la historia clínica y del parte quirúrgico, no omitir el consentimiento informado, limitar el; beneficio de litigar sin gastos y poner topes a las sumas reclamadas, impulsar y motivar a las Instituciones Científicas para unirse en defensa de una profesión sin trabas o cercamientos

Responsabilidad médico-legal de los obstetras / Responsability medicolegal of obstetrician

Deberes y derechos de los obstetras. Sus responsabilidades: presupuestos, prueba, sujeto pasivo, eximentes. Situaciones particulares: embarazo, aborto, cesárea, esterilización. Apéndice legal: Ley 17132, Ley 23413, Ley 23674, Ley 24540, Código de Etica de la Confederación Médica Argentina