July 15, 2013
ONC plan aims to protect patients through EHR data analysis alone
In a move that has disappointed many safety-minded experts and organizations, the federal government has declined to establish a new agency designed to investigate certain technology-related patient deaths at this time. Rather, the Office of the National Coordinator for Health Information Technology (ONC) is putting in place a collaborative plan to prevent these particular kinds of patient deaths.
Currently, more and more healthcare providers and hospital facilities are shifting towards electronic health records (EHR) instead of paper-based charts. These electronic records are meant to reduce rates of communication-related errors and misdiagnosis. However, the technology itself has the potential to create new kinds of errors resulting from software glitches, implementation challenges and data input problems.
The Institute of Medicine has recommended that the government create a new agency tasked specifically investigating patient deaths tied to EHR-related errors and other technology-based problems. The government is declining to act on this recommendation at this time. Instead, the ONC will work with public and private organizations to attempt to prevent these deaths in the first place.
Prevention of patient deaths through trend-related data analysis is absolutely a goal worthy of pursuit. However, such initiatives fail to address those deaths which have already occurred and continue to occur in a focused way. It seems that both prevention and investigation of tragedy are necessary in order to both foster patient safety in the future and bring justice to the victims of technology-related medical errors.
The ONC is making important progress by embracing its new prevention-related mission. However, targeted investigations into deaths that do occur are necessary for patient safety and justice as well.
Source: Forbes, “Government Asks Health IT Industry To Police Itself On Patient Safety,” Zina Moukheiber, July 5, 2013
July 2, 2013
Study: Racial disparity exists in marijuana-related arrest rates
Newly released federal data suggests that a disturbing trend has developed in regards to drug arrests in America. The data indicates that in 2010 alone, black Americans were arrested for simple possession and related marijuana charges at rates between three and eight times higher than white Americans were. This data is particularly disturbing given that the rates at which black and white Americans tend to possess and use marijuana are roughly the same.
Federal law only recently began to address the racial disparity in sentencing for cocaine-related offenses. It now seems that reform is needed in other areas of federal drug law enforcement. If a primary goal of the criminal justice system is to be consistent in application and general enforcement of the law, then these statistics strongly indicate that some mechanism within the system is broken and doing a disservice to the system’s larger goals.
After reviewing the data, the American Civil Liberties Union (ACLU) constructed a report analyzing it which was released this month. The lead author of the work is the director of the ACLU’s Criminal Law Reform Project. He recently explained that “We found that in virtually every county in the country, police have wasted taxpayer money enforcing marijuana laws in a racially biased manner.”
As the public’s attitudes toward marijuana shift in favor of legalization in certain contexts, legislators and law enforcement will likely slowly begin to focus away from cracking down on offenses like simple possession. But for many reasons, this shift in focus does not delegitimize the fact that reform is needed urgently. Any time one population is held accountable for criminal activity in far greater numbers than another population similarly engaged in illegal behavior, discrimination threatens the integrity of the system as a whole. For that reason alone, this issue is in need of immediate reform.
Source: The New York Times, “Blacks Are Singled Out for Marijuana Arrests, Federal Data Suggests,” Ian Urbina, June 3, 2013
June 3, 2013
Beware unnecessary medical intervention during pregnancy
Being a patient can be an overwhelming experience. On the one hand, you want to trust in your physician’s expertise and follow doctor’s orders in order to help ensure the best possible outcome for your health. On the other hand, most American adults now understand that because physicians are fallible and the medical error rate in the country is staggeringly high, you do not want to consent to procedures, medications and doctor’s orders blindly.
Unfortunately, a recent study suggests that too many American women are being subjected to invasive interventions and other procedures during pregnancy without a full understanding of the hazards involved in this kind of care. Certainly most of these women are simply trusting that their doctor knows best. However, an informed patient is more likely to make choices that are best for her. In addition, avoiding invasive intervention whenever possible helps to lower rates of pregnancy complications and birth injuries.
The recent study was released by the nonprofit maternity care organization Childbirth Connection. The executive director of that organization explained that “Our survey suggests that pregnant women need to take a more active role to make sure they get the care that is best for themselves and their babies. They need access to trustworthy information about the benefits and harms of interventions, to educate themselves, and be their own advocate.”
Why is an active approach to patient care so critical for pregnant women? Because informed patients are less likely to cave to physician pressure in situations that do not warrant invasive and potentially hazardous interventions. In addition, interventions tend to breed additional interventions, so informed patients can often avoid multiple challenging procedures if they are educated about risks and alternatives.
Legal recourse is generally available for patients who are harmed by invasive procedures. But ideally, patients may avoid many of these potentially dangerous procedures in the first place by advocating for themselves in an informed way.
Source: Consumer Reports, “Pregnant? Watch out for unnecessary c-sections and other questionable medical procedures,” Joel Keehn, May 8, 2013
May 16, 2013
Virginia may reform its sex crime laws
Some laws are crystal clear, while others are riddled with nuance and exceptions. When it comes to laws involving intimacy, most crimes are fairly obvious. Adults may legally engage in consensual sexual encounters, provided that both parties are of sound mind and are not related closely by blood. Generally, sex crimes all exist in scenarios that do not meet those specific criteria. However, it is possible that even certain consensual encounters between adults will now be considered criminal in Virginia.
Many educators, legislators and judges are concerned about the increasing number of sexual relationships forming between Virginia’s teachers and students. As a result, the State Crime Commission is even going so far as to study the potential implementation of laws that would prohibit consensual sexual relationships between teachers and students who are aged 18 or older.
The logic behind this proposal is that the power dynamic between educators and students, even if they are no longer minors, makes their sexual relationships inherently unequal. This inequality may potentially breed corrupt teaching practices and cause the students to be taken advantage of.
The Commission will likely weigh this issue over the course of the next several months before making any recommendations to lawmakers. It will hopefully consider not only the best ways to protect students but also the general predictability and consistency of the state’s criminal legal code. When you start to narrow the ability of adults to make their own decisions about who they may and may not be intimate with, you restrict freedom of choice and diminish the concept of personal accountability. Moving in this direction should not be a decision considered lightly.
Source: NBC12.com, “Commission to study toughening child sex laws,” Brent Solomon, May 8, 2013
May 1, 2013
Why relaxation is critical during the divorce process
An increasing number of medical studies indicate that managing stress is essential for personal health and wellbeing. However, studies related more specific life events also confirm this general advice. For instance, failing to manage stress effectively when going through a divorce can impact the process in a myriad of ways.
For example, if your stress level is overwhelming you, you are likely to sleep less, experience poor health and be generally less able to focus on the process itself. You may then become more irritable and prone to rash decision-making. Months of negotiations can be undone in a single moment of rash behavior. Therefore, it is critical that you prioritize relaxation during the divorce process, as a failure to do so could leave you with an unfair settlement or undesirable custody order.
If you are already deeply stressed, it can be difficult to imagine relaxing. However, engaging in a few simple activities can dramatically lower your stress level temporarily. Choosing to prioritize whichever of these activities works for you over a period of time will help to bring your stress level down overall.
Consider getting fresh air every day that you possibly can. Taking a walk, reading a book on a restaurant patio or going for a bike ride are all great ways to change your scenery and breathe a little easier. Also, make time for your hobbies. Whether you woodwork, knit, paint or garden, this is not a period in your life where you can emotionally afford to neglect your hobbies, even if you can only spare ten minutes a day.
In general, it is important to take excellent care of yourself during your divorce process and to remain as relaxed as humanly possible. This may seem like challenging advice, but the outcome of your divorce settlement or custody process may depend on you taking it seriously.
Source: Huffington Post, “Divorce Advice: 15 Ways To Relax During A Split, According To Readers,” Apr. 30, 2013
March 18, 2013
Welcome to Our Richmond Injury Blog
Things change fast in the legal world. Every day, state legislatures and judges make hundreds of decisions that impact the way cases are prepared and presented for court. At Cravens & Noll, PC, we know how important it is to stay current with legal issues. We follow the legal stories that will have an impact on the best strategies to use while protecting your rights.
Keeping you informed about the legal process will help you make better decisions about your own personal injury, criminal defense, divorce or bankruptcy case. This Blog page is intended to serve as a forum for discussing case law and relevant court decisions. Periodically, this page will be updated with new information and topics for discussion, so please return often to see the most current post and comments.
Our firm has always placed an emphasis on personalized attention and responsiveness to client concerns. Your input means a lot, so please send us your comments. Thank you for visiting. Call or contact the office by e-mail to discuss your specific legal need today.
March 1, 2013
Grappling with a misguided medical malpractice system
Healthcare providers will inevitably make mistakes. Though physicians and nurses are trained to treat every patient in accordance to certain standards of care, healthcare providers are human and will make mistakes from time to time. It is correct that these providers be held accountable for the mistakes they make, should those mistakes cause patients harm. Patients aim to hold providers responsible and obtain the compensation they deserve through medical malpractice claims.
However, the inevitability of mistakes on the part of providers should be informing the functionality of the medical malpractice system more than it currently does now. Based on a physician’s area of expertise, he or she will face a medical malpractice claim every seven years or so. These claims should be processed with appropriate urgency and then if the physician has not behaved so negligently that his or her license is suspended, he or she should then be allowed to return to work informed by the knowledge that his or her mistakes have real consequences.
Unfortunately, the medical malpractice system functions largely without the expectation that nearly all physicians will face malpractice claims over the course of their careers. The legal battles over these claims drag on so long that a recent study published in the journal Health Affairs indicate that 10 percent of any given physician’s medical career will be spent dealing with these claims.
The current structure and procedures governing the medical malpractice system are contributing to patient harm and physician resentment. If the system was more prepared for the fact that physicians will make mistakes and should be held accountable for them, perhaps doctors could practice more medicine and patients could receive their due more quickly and efficiently than they can currently.
Source: Forbes, “Medical Malpractice: Broken Beyond Repair?” Robert Glatter, Feb. 6, 2013
January 9, 2013
Texting drivers in Virginia may soon face harsher penalties
The fact that distracted driving is hazardous is now well understood. As a result of overwhelming evidence that indicates distracted driving plays a role in a significant number of auto accidents, state and federal legislators are under increasing pressure to treat distracted driving behavior as a serious traffic violation.
In Virginia, the state’s crime commission recently endorsed legislation aimed at defining texting while behind the wheel as reckless behavior punishable as a primary offense. While the goals of this legislation may be understandable, punishing texting while driving as a reckless driving primary offense will likely make both prosecuting and defending such behavior challenging.
After all, drivers who may be using their phones behind the wheel for legitimate purposes may be singled out for suspected texting behavior. In order to defend against such accusations, drivers would have to hand over their texting and related phone records which could raise sincere concerns about privacy.
Currently, drivers in Virginia may be punished for texting while driving by being forced to pay a $20 fine, if the texting infraction is a driver’s first related offense. Making this behavior a primary reckless driving offense would make it punishable by up to a year of incarceration and a $2,500 fine.
Motorists should absolutely refrain from distracted driving. However, the proposed reforms to Virginia’s texting while driving laws are extreme and potentially endanger the privacy of law-abiding citizens who are merely accused of texting while driving. The impacts of this proposal should be carefully considered before any action is taken.
Source: CBS News, “Va. crime panel pushes for tougher penalties for texting drivers,” Tracy Sears, Dec. 5, 2012
December 23, 2012
Helping children of divorced parents navigate the holidays
By Monday, children all across the nation will be on winter vacation, if they have not already been released for their holiday. Teenagers and younger children of parents who have chosen to divorce will find themselves in a potentially stressful split between parental households in the coming weeks. Alternatively, some will wish that they could spend time with both parents but for whatever reason, this will not be possible and that is stressful in and of itself.
How can concerned parents help their children navigate the holidays marked by either of these situations? There are several things that parents and loved ones can do to make the holiday brighter rather than more stressful.
First and foremost, it is important to acknowledge that a child’s desire to be with their other parent or to actively communicate with him or her at this time is reasonable. No matter what has occurred between the child’s parents or even the other parent and the child, a strong biological urge exists that children seek their parents’ attention and affection. This urge can be particularly strong during the holidays. Making the child feel guilty for seeking out their other parent in various ways will only make him or her feel alienated, confused and misunderstood.
In addition, it is important to share your own traditions with your children and to celebrate the season with them, even if you will not be together on the actual dates of whatever holidays you choose to observe. Children need to know that whatever may be going on in your life, you will make the effort to celebrate with them and appreciate their presence. Children of divorced parents often internalize their fears and concerns about how their parents are coping with their own stress. Taking time to celebrate with your kids will reinforce that they are important to you.
Source: Huffington Post, “How To Help Your Kids Survive Their First Holiday Season With Divorced Parents” Susan Saper Galamba, Dec. 17, 2012
October 15, 2012
Prevention of Medical Errors is Possible
One of the biggest problems with medical mistakes is that the same mistakes are made again and again. It seems that the medical community does not learn from their mistakes, which is unfortunate, especially for those patients who are on the receiving end of the medical errors.
The financial cost of mistakes and preventative measures that try to avoid making medical errors runs into the billions of dollars. A large percentage of medications, tests and procedures are unnecessary; they are run in an attempt to avoid lawsuits for medical malpractice.
The pressure among colleagues to not call out another practitioner’s errors is intense. A doctor or intern could be shunned, given the lowest possible duties or forced out of a job if they complain about another medical professional’s practice or mistakes. Hospitals are also reluctant to publish statistics about their performance, making it harder for patients to make an informed choice.
Some possible solutions to this problem are obvious and actually have helped reduce errors in some cities. Suggestions include:
• Provide an online dashboard that could show potential patients which hospitals and surgeons have the best ratings for successful medical operations and results.
• Cultivating an internal atmosphere that allows any medical professional freedom to speak up when they notice a potential error.
• The use of cameras and video recordings of procedures is another good way to get compliance with best medical practices and to help avoid mistakes.
• Allow patients to review doctor’s notes immediately to catch errors of information.
• No gagging of patient reviews of their doctors.
When mistakes are preventable, it is unconscionable for the medical community to resist any improvement that could benefit their patient population.
Source: Wall Street Journal, “How to Stop Hospitals From Killing Us,” Marty Makary, September 21, 2012
Our law firm represents individual harmed by medical mistakes. For more information, please visit our medical malpractice page.