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Doctor Who Attempted To Have Whistleblowing Nurses Prosecuted Is Put On Probation

From an AP article in the Dallas-Fort Worth Star-Telegram:

AUSTIN — Texas medical regulators on Friday placed on probation a West Texas doctor involved in the unsuccessful prosecution of two nurses who complained anonymously that the physician was unethical and risking patients’ health.

The Texas Medical Board technically suspended Dr. Rolando G. Arafiles Jr. but allowed him to continue to practice medicine while on probation for four years if he completes additional training.

The board also said Arafiles must be monitored by another physician and submit patient medical and billing records for review. The monitor will report his or her findings to the board.

In the mediated order signed in Austin, the board concluded that Arafiles failed to treat emergency room patients properly, did not apply hormone therapy to a female patient appropriately and failed to document patient diagnoses and treatment plans.

The board also found that Arafiles improperly tried to intimidate two nurses who reported him to the medical board for unethical behavior.

Ugh.

*This blog post was originally published at GruntDoc*

No More Cameras In The Delivery Room?

Most of our posts here deal with gadgets physicians or other medical professionals would use, but the New York Times has published an article about issues stemming from the patient or the family bringing cameras into the delivery room.

Now, as anyone who’s been made to watch a video of a friend’s delivery during a party can attest, this isn’t a new phenomenon. However, since almost any device can record video now and it’s easiest to share the video online, medical-legal considerations are leading some hospitals to restrict any and all recordings of live births.

We’d be interested to know what our readers think. Do you let patients film you while you work?

New York Times article: Rules on Cameras in Delivery Rooms Stir Passions…

*This blog post was originally published at Medgadget*

Mediation For Medical Malpractice: Why Doctors Should Embrace It

Mediation has been cited as a way to lower the cost of litigation and compensate injured patients without going through the ordeal of a trial. In a post from the WSJ Health Blog, the problem is that few doctors are participating.

That’s a problem. A study from a law journal looked at 31 cases that went to mediation and found that,

of those cases, 16 were settled at mediation, 5 settled afterward and 10 weren’t settled. While defense attorneys were less likely to agree to mediation than plaintiff attorneys, lawyers who did participate reported satisfaction with the process, as did “plaintiffs, hospital representatives and insurers,” the study finds.

The authors write that in no cases did physicians participate in the mediation.

Many times, patients resort to suing their physicians simply to find out what happened. In a recent post here, attorney Brian Nash provided perspective from the legal standpoint, and in the comments (now 150+ strong), you can see the dissonance between the malpractice viewpoints of the physician, attorney, and patient. Read more »

*This blog post was originally published at KevinMD.com*

Healthcare Reform Law: State Courts Pose A Threat

Busted 300x200 State Courts Pose Threat to Health Reform LawFlush from their big win in the midterms, the Boehners are vowing to repeal and replace the Big O’s health reform law. They pose a legitimate threat, but an even larger one lies in the courts, where suits challenging the constitutionality of the law have been popping up like fireflies on a late August night.

In Virginia for example, Republican-appointed Federal District Court Judge Henry Hudson has indicated that the Individual Mandate — a key provision of the law that has been challenged in a suit filed in his court by the state’s Republican Attorney General — might not pass his sniff test.

Hudson said he’d rule on the matter this month. If he deems the provision to be unconstitutional, he might (it’s unlikely, but he might) enjoin the law altogether until higher courts rule on the matter. Holy Kazakhstan, Batman!

An official at Camp Obama, who spoke with the New York Times under the condition that his name not be WikiLeaked, acknowledged that Hudson’s thumbs appear to be pointing downward, indeed. Read more »

*This blog post was originally published at Pizaazz*

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