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http://www.medicalpost.com/news/article.jsp?content=20061024_133936_5376


Waiting room death in Illinois ER ruled a homicide 
October 24, 2006 | Matt Borsellino 


While not a Canadian case, CMPA notes courts have not addressed how scarce
health-care resources should affect standard of care

WAUKEGAN, ILL. | A coroner’s jury has declared the death of a heart attack
victim who waited nearly two hours in a hospital emergency waiting room a
homicide.

“Gross deviations from the standard of care that a reasonable person would
have exercised in this situation” were the cause of the woman’s death, ruled
panel members.

It’s not clear whether last month’s ruling will result in charges against
any doctors, but according to published reports, the deputy coroner quickly
subpoenaed documents after noticing what appeared to be discrepancies in the
hospital’s record of events. The facility north of Chicago co-operated with
the coroner’s investigation.

“Emergency physicians and nurses go into emergency medicine to save lives,”
noted Dr. Rick Blum, president of the 24,000-member American College of
Emergency Physicians. “To criminalize their efforts would be a terrible
mistake and have a severe chilling effect on people going into the field.”

The Medical Post contacted the Canadian Medical Protective Association, this
country’s pre-eminent provider of medical liability protection, but its
officials would not speculate about the impact an incident in another
country would have on this country’s emergency physicians.

Still, in a submission to the CMPA’s 2000 annual report, general counsel
Marg Ross warned physicians that while their work environment may be under
pressure, they cannot defend decisions that interject administrative
concerns on a patient’s well-being.

“The courts have yet to fully address how the scarcity of health-care
resources will affect the standard of care expected of physicians,” she
noted. “To date, the courts appear unwilling to accept an ‘economic defence’
to justify withholding treatment or services from a patient for reasons of
overall resource containment.”

Though written more than five years ago, the CMPA still stands by that
assessment executive director and CEO Dr. John Gray told Medical Post West
Coast freelance correspondent Ann Graham Walker for a story on health
delivery services in British Columbia’s emergency rooms published early last
year.

There have been no cases in Canada where a court cited resource issues or an
inadequate work environment as mitigating factors in a medical error, he
added.

“There’s no question there’s a tension between the duty of care you owe your
individual patient and the duty you owe society to participate in the
efforts to rationalize scarce health resources,” Dr. Gray said. “Most
physicians are trained to direct all our efforts to our individual patients
while increasingly doctors are pressured from administrators and governments
to look toward the societal ability to deliver ideal health care for
everyone.

“It is a terrible place to be. Unfortunately, the judiciary is not helpful
in this regard because they tend to fall on the side of the doctor’s duty to
take in the interests of their individual patient. . . . Eventually, the law
is going to have to come to grips with the environment and either recognize
that the environment has changed and hold physicians to a different standard
or else I think these tensions will continue.”

The CMPA urges its more than 60,000 members to document their concerns about
resources since those notes may carry weight in any future case.

The woman’s death also raises questions about what emergency patients should
do if their medical condition worsens while they’re waiting.

“Physicians have been sounding an alarm for years about the growing crisis
in our nation’s emergency departments,” Dr. Blum said. “All emergency
departments use a triage process. . . . However, sometimes a patient will
come in with mild symptoms and while they are waiting, their condition
worsens. It’s very important for emergency patients in waiting rooms to
notify the triage nurse if they are in pain or if they start to feel worse.
If they are still concerned, they should ask to speak to an emergency
physician or a patient advocate. People should not leave the emergency
department without being seen.”

(About 3% of patients leave this country’s emergency rooms without being
seen, according to the Canadian Association of Emergency Physicians.)

Dr. Blum also reminded the U.S. media that federal law requires all
emergency patients to be seen according to the severity of their condition
whether or not they have health insurance.

“People with less urgent medical conditions must wait until all critical
patients have been stabilized and admitted to the hospital,” he noted.

Emergency room “gridlock” stems from the recent closure of nearly 200,000
inpatient hospital beds across the U.S. as well as shortages of on-call
specialists and nurses, he added.
-----Original Message-----
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Sent: October 27, 2006 1:23 PM
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Subject: URG-L: congestion urgence

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