Doctors admit they lie to patients and hide mistakes, survey reveals

February 16th, 2012

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By Deborah Kotz, Globe Staff

Most physicians paint overly optimistic prognoses for their patients, and many have told lies or withheld information concerning their medical mistakes and financial relationships with drug companies and device manufacturers, according to a national survey conducted by Massachusetts General Hospital researchers.

The 2009 survey of nearly 1,900 doctors, published today in the journal Health Affairs, shows that many doctors don’t adhere to the standards of medical societies and accreditation groups, which have long required doctors to be open and honest with their patients.

“There’s an expectation that our doctors will be truthful, and most are but some are not,” said study co-author Eric Campbell, director of research at the hospital’s Mongan Institute for Health Policy. The researchers didn’t determine whether any patients were harmed because of a physician’s dishonesty.

The survey found that nearly one-fifth of doctors said they hadn’t fully disclosed their mistakes over the past year in order to avoid a lawsuit.

“I was disappointed to see so many doctors not disclosing errors,” said Arthur Caplan, a bioethicist at the University of Pennsylvania who wasn’t involved in the study. “They may dodge a bullet, but if it’s found out later, they can really get clobbered for not telling the truth — to say nothing of the patient consequences.”

In addition, nearly 40 percent of physicians said they didn’t think it was necessary to tell patients if they had accepted speaking fees or a free vacation from the manufacturer of the drug they were prescribing or whether they owned the scanner for the imaging test they were ordering.

“If a reasonable person might think a financial relationship might affect what drug, procedure, or test they were prescribed, it’s better to disclose,” said Caplan. “A lot of time patients will say they don’t care about the conflict,” but they should be given the chance to ask further questions.

Efforts are underway to make potential financial conflicts more transparent: Partners HealthCare, the parent company of Brigham and Women’s Hospital and Mass. General, may soon start requiring doctors to disclose to patients any substantial monetary ties they have to medical companies. And a new federal law requires pharmaceutical and medical device companies to publicly report any physician payments or gifts worth more than $10. Everything from stock options, meals, and consulting fees will pop up on a searchable physician database slated to appear online in September of next year.

For now, patients facing a choice between multiple procedures or medications might want to ask doctors about any financial interests that could bias them in favor of one treatment over another, said Dr. Michael Barry, president of the Foundation for Informed Medical Decision Making, a Boston-based patient advocacy group.

Barry added that he was “gratified” to see that nearly 90 percent of doctors reported that patients should be fully informed about the benefits and risks of a procedure or drug. He did, though, wonder whether they actually practiced what they preached. “It contrasts with what we found from patients who tell us their doctors tend to present more benefits than risks when it comes to treatments,” he said.

While the survey was anonymous, doctors may have veered a bit toward reporting behaviors that they deemed to be acceptable to their colleagues rather than what they truthfully did in practice, said Campbell. “Only 11 percent of physicians reported saying something untrue to patients over the past year,” he said, “which I suspect is much higher.” The doctors were not asked what they lied about.

Some of the communication lapses reported in the survey may simply be signs that doctors are human. Nearly 45 percent of doctors said they’ve given patients prognoses that are rosier than reality in the past year, which Caplan said reveals their compassionate side. “It’s a human impulse to fine tune how you present bad news or a grim prognosis,” he said. “It’s important to get to the truth, but it’s a process to tell someone they will be dead in six months.”

That’s something doctors are loathe to do, especially when they have a strong relationship with a patient. A study published this week in the Annals of Internal Medicine found that most patients with incurable lung or colon cancer don’t discuss their end-of-life care options with their doctors until a few weeks before they die. More than three-quarters had these discussions with physicians they didn’t know during an emergency hospital visit, rather than with their regular oncologist.

“I understand why this happens. I have this instinct, too, to not want to cause harm and pain to people by bringing up topics” such as death and how it should be managed, said study author Dr. Jennifer Mack, a pediatric oncologist at Dana-Farber Cancer Institute. “But I also feel obligated to do it.” And patients may be grateful for doctors who convey that last bit of hope.

While medical association guidelines recommend that doctors discuss end of life care with all cancer patients who have a life expectancy of less than one year, the timing of those discussions are left to the doctor and patient. “We’re still learning about the right time to have these conversations,” said Mack. “What’s right for one family may not be right for another, and I ask what’s important for you to know right now? Would it be helpful to talk about your prognosis?”

MA Personal Injury Attorneys. Keches Law Group.

February 15th, 2012

NHTSA investigates Chevy TrailBlazers power window fires.

The AP (2/14, Krisher) reports, “Federal safety regulators are investigating fires in the driver’s side doors of Chevy TrailBlazers, the second such probe in a week.” On Monday, the National Highway Traffic Safety Administration said that “the latest inquiry involves more than 309,000 TrailBlazer SUVs from the 2006 and 2007 model years. The fires began in the power window switch or related electrical parts.” Last week, NHTSA opened similar investigations into Toyota Camry seds and the RAV4 crossover SUV. So far, none of the models under investigation have been recalled. The Los Angeles Times (2/14, Hirsch) and the Detroit News (2/14, Shepardson) also report this.

 

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February 14th, 2012

Judge rules welder who saw friend die cannot maintain emotional distress case.

Courthouse News (2/13) reported, “A federal judge has thrown out the emotional distress claims of a welder who saw his best friend and co-worker of 20 years plunge to his death from a drilling rig.” The plaintiff claimed that watching his friend and co-worker die in a fall from the rig “had such a traumatic impact on him that he later suffered a disabling heart attack and cerebral stroke,” and sued the exploration company, the rig owner and affiliates. A federal judge in Houston, however, “ruled that general maritime law did not apply” to the claims and granted summary judgment for the drilling company, holding that Texas law did not allow suits for negligent infliction of emotional distress.

Keches Law Group. Personal Injury Attorneys Fighting For Your Rights

February 10th, 2012

Burn injuries bring recall of 1.7M Tassimo coffeemakers, 4M discs.

The AP (2/10, Kerr) reports, “More than a million home coffee makers are being recalled after dozens of reports of the brewers spraying hot liquid, coffee grounds or tea leaves onto people. The Consumer Product Safety Commission says there have been 140 reports of problems with the Tassimo single-cup brewers dousing people, including 37 cases involving second-degree burns.” About 835,000 coffee makers were sold in the US, and another 900,000 in Canada. Reuters (2/9, Goldberg) adds the recall, jointly announced by the US Consumer Product Safety Commission and Health Canada, covers about 1.7 million single-cup coffee brewers and 4 million Tassimo espresso coffee pads.

Keches Law Group. Personal Injury Lawyers

February 7th, 2012

Hard-boiled egg products recalled in 34 states.

In continuing coverage, WebMD (2/7, DeNoon) reports, “Listeria contamination of hard-cooked eggs has led to recalls of prepared salads, sandwiches, and other products in 34 states.” Thus “far, no illnesses have been reported. The listeria contamination was detected in lab tests run on hard-cooked eggs from Michael Foods’ Wakefield, Neb., plant. The firm says the contamination was linked to a ‘specific repair project that took place in the processing room.’”

Keches Law Group. MA Personal Injury Lawyers.

January 30th, 2012

FDA says eleven shipments of orange juice tested positive for carbendazim.

USA Today (1/28, Weise) reported, “Test results released Friday by the Food and Drug Administration found that 11 shipments of orange juice stopped at the US border were positive for carbendazim, a fungicide that is not approved for use in citrus in the United States.”

The AP (1/28, Jalonick) reported that “the agency detained nine of 80 total shipments at the border, while importers withdrew two additional shipments from import after learning of the FDA testing.” The “importers have 90 days to export or destroy the product once it is detained.”

The Los Angeles Times (1/28, Stevens) reported that according to FDA spokeswoman Siobhan DeLancey, “We don’t feel that this is a safety problem,” but is instead “more of a regulatory issue.” The Times added, “Six of the seized shipments were from Canada and five from Brazil, DeLancey said.”

Bloomberg News (1/28, Armour) reported, “‘FDA is confident that orange juice in the United States may be consumed without concerns about its safety due to the possible presence of such residues,’ the agency said in a statement.”

Keches Law Group. Fighting for the rights of workers!

January 26th, 2012

NLRB chief will push union organizing rules.

The AP (1/26, Hananel) reports that the chairman of the National Labor Relations Board “plans to push for new rules that would give unions a boost in organizing members, despite an outcry from Republicans and business groups who say the board is going too far. Mark Pearce said he hopes the board will propose the rules soon, now that it has a full component of five members. President Barack Obama bypassed the Senate earlier this month to fill three vacancies.” Pearce told the AP that he wants the labor board to mandate businesses turn over lists of employee phone numbers and email addresses to union officials before elections and to consider other steps such as electronic filings and speeded-up timetables for some procedures.

Employment Law Keches Law Group.

January 24th, 2012

Women’s group head argues against paid parental leave mandate.

Writing in the “Pundits” blog of The Hill (1/24, Schaeffer), the executive director of the Independent Women’s Forum marks the three-year anniversary Sunday of the Lilly Ledbetter Fair Pay Act by arguing that it and similar laws designed to be protective in fact “actually increase the cost of employing women — especially of childbearing age — by creating the threat of lawsuits and uncertainty.” Noting that advocacy groups like Working Mother Media and the National Partnership for Women and Families “have launched an effort to urge Congress to mandate paid parental leave,” the author, a working mother with three children, says she sympathizes with the problem but nevertheless views the effort as one that “is misguided and will ultimately hurt women.” Instead, she urges women and lawmakers to “consider the costs associated with mandating paid parental leave.”

Delay in diagnosis of Breast Cancer of you or someone you know? Know your rights

January 23rd, 2012

Judge rules case linking DES to breast cancer should not be dismissed.

The Boston Globe (1/21, Kotz) reported, “A federal judge in Boston” has “ruled…in a victory for 53 breast cancer patients, that their class action suit against the makers of diethylstilbestrol (DES) should not be dismissed but should be settled by mediation between the parties.” The patients “allege that their exposure while in the womb to DES, which their mothers took more than 40 years ago to prevent miscarriages, led to their diagnoses of developing breast cancer.”

“In 1971, the US Food and Drug Administration told doctors to stop giving it to pregnant women after a study found that taking DES during pregnancy appeared to increase the risk of their daughters developing a rare vaginal cancer,” the AP (1/21) reported. “The drug companies would not say whether they will appeal the ruling.” Moreover, “the drug companies have also argued that the medical community does not generally accept that fetal exposure to DES causes breast cancer.”

Breast Cancer and Prempro Linked. Keches Law Group

January 13th, 2012

An appeals court has ruled that Pfizer Inc. must pay more than $45 million to 2 women who alleged that they developed breast cancer as a result of taking the company’s menopause drug, Prempro.

The 2 women had filed a Prempro breast-cancer lawsuit against Pfizer’s units Wyeth and Pharmacia & Upjohn.  In their lawsuit, Connie Barton and Donna Kendall claimed that the medication caused their breast cancer.  In Barton’s case, a jury in Philadelphia awarded $3.7 million in compensatory damages and more than $35 million in punitive damages in October 2009.  However, a judge reduced the punitive award to $5.8 million.  Another jury awarded $6.3 million in compensatory damages and $28 million in punitive damages to Kendall.  However that punitive damages award was cut to $1 million by another judge.  Now, the Pennsylvania Superior Court has ruled that Pfizer Inc. must pay both women $45 million in damages.

The company faces hundreds of lawsuits related to the Prempro medications.  At one point, the company faced more than 10,000 claims that the anti-menopause medications caused breast cancer.  Some of the suits have already been settled, and Pfizer is already in the process of settling the remaining lawsuits.  The company has set aside $840 million to settle the Prempro lawsuits.  According to company officials, the company has settled close to 50 percent of the claims.

At the height of its popularity, more than 6 million women in the country used Prempro and other related menopause medications.  At one point, up to 20% of postmenopausal American women used Prempro to treat symptoms of menopause.  The drugs were taken to deal with common symptoms of menopause, like hot flashes and mood swings. That was before San Diego defective product attorneys learned about Prempro’s link to breast cancer.

In 2002, a study found that Prempro use increased the risk of breast cancer.  Another study that was reported in the Journal of the American Medical Association found that the use of Prempro not only increased the risk of breast cancer, but also increased the likelihood that the cancer would spread to the lymph nodes.  These women were found to be much more likely to die of breast cancer.

In December, Pfizer was ordered to pay $72 million to 3 women who alleged that their breast cancer was caused by the company’s hormone replacement drug.  The women alleged that they develop breast cancer