Justinian Lane

Medical Code of Silence Injures Patients

I came across this post from a concerned pediatrician about problems with the self-regulated medical industry, and with our legal system:

As I have blogged before, I am following a case supposedly heard by the NC Medical Board this week (as of this morning, I have an e-mail in to the Board requesting a status report - since NOTHING has appeared on their website except some stale legal filings). It's a case well over two years old (at least that's when I got involved - pulled into a nightmare because I had the misfortune of being on-call that night) . . . a case that SCREAMS for a whole lot more than just a slap-on-the-hand.

I have not been invited to testify. Allow me to do so here.

This guy has hurt patients (repeatedly). He was doing it long before I came on the scene. In the case I was called in to manage, he callously INFLICTED a horrific head injury upon an innocent that, in any other setting, would have warranted charges for child abuse. Moreover he has placed colleagues - scrambling to deal with the consequences of his mis-steps (nurses and doctors and administrators/hospitals alike) - in the line of fire.

It's inexcusable. But my fear is that the Medical Board will find a way to excuse and minimize his behavior. Meanwhile, every clinician (doctor or nurse) involved in (or looking in on) his screw-ups is supposed to keep his/her head down and say nothing. We're not supposed to have (strong) professional/personal opinions about what he's done. We have to worry about getting sued ourselves because our names are all over the charts of the cases we tried to clean up. We must cower in fear because, in our sick/warped medicolegal environment, the truth of what he's done still might not protect us from him suing us because we sad, "Enough already!". It's total BS. (Emphasis added.)

Source: Dr.J's HouseCalls: Hearings. The Medical Board Has Hearings.

I once saw a news article comparing the medical code of silence to that of mobster Tony Spilotro who had the philosophy, "Nobody talks, everybody walks."  Any plaintiffs' attorney will tell you that it's difficult to get a doctor to testify against another doctor, and any doctor will tell you there is enormous pressure not to testify against colleagues.

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Posted at 12:39 PM, Jun 20, 2008 in Medical Malpractice
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Now this post brings up an important point that I think both sides can agree upon. We need better systems of review, disclosure, and discipline within the medical profession, so as to allay fears of innocent doctors like this one who feel the moral/ethical call to report negligent colleagues but are dissuaded from reporting misconduct because of sensasionalism and fear mongering about lawsuits. The sooner this information gets out there, the fewer injuries there will be.

Posted by: Kia | June 20, 2008 1:21 PM

Kia: You have a glimmer of a clue contained in your comment.

End torts. Put in Deming. All adverse events get reported with immunity from discovery. They get precluded. This encourages the maximum reporting. Every system factor contributing to error gets fixed. This is painful. The wing must be closed until the infection source is found. No blame game, just total system makeover.

As a patient, this is the sole remedy of any value to me. The rest is game playing.

As the failure to report should be sanctioned, so should the reporting of false allegations and wrong opinions. As a generality, plaintiff experts are whores. Some are academics, some professional witnesses. The evidence is that they mislead the plaintiff lawyer, and 75% of claims fail at every stage of litigation.

The land pirate has given their whores total litigation privilege for their irresponsible testimony, and at the Supreme Court level. That litigation privilege is unconstitutional by depriving the civil defendant of procedural due process rights. That the Supreme Court should put the privilege above all others shows their highest priority is with criminal cult enterprise rent seeking.

Posted by: Supremacy Claus | June 20, 2008 3:46 PM

Both of you are so biased and blinded by your criminal indoctrination, you failed to read the reason for the cover up. The doctors and nurses are afraid of being sued by the lawyer. The lawyer caused this cover up. Now you complain about the cover up. If the lawyer could be sued for legal malpractice by the adverse third party, the lawyer could be deterred from intimidating providers from reporting what they feel to be misconduct.

This blog attacks the injustice of the lawyer, who defends evil and intimidates sincere people trying to do their duties.

Posted by: Supremacy Claus | June 20, 2008 3:54 PM