Newsletter 70
November 05
Response toResponse to Review Journal Column Criticizing Local Pediatric Care Review Journal Column Criticizing Local Pediatric Care
President’s Message
Malpractice Filings Against Health Care Providers, Jan 2001 – Aug 2005
New Members & Membership Applicants
“Dear Doctor” Info
CEO Article
CCHD Report
How to Respond When
You Are Notified of a Complaint Against You
NSMA’s Annual Meeting Info
Minutes Synopsis
Classified Ads
CME Calendar
Clark County Health District Disease Statistics – Aug 2005
By Ron Kline, MD,
2005-2006
Cleaning Up Our Act
A great deal of attention has recently been focused in the press on the lack of punishment meted out to a very few errant physicians by their respective medical boards (MD and DO). While I was certainly not privy to the details of these cases, the lack of sufficient punishment in one case caused the deputy executive director of the Board of Osteopathic Medicine to resign the day after this decision by its physician board members.
What concerns me most is the public perception that we are not policing our own. If you read these articles as a member of the lay public would, rather than as a sympathetic physician, one gets the distinct impression that physicians who have repeatedly done harm to patients and have abused their trust have been let off the hook. Since enforcement of regulations and granting of licensure is under the purview of the regulatory boards, there is nothing that most of us can do about these decisions, yet these physician board members speak for all of us in the eyes of the public when they render judgment on our fellow physicians.
So is the problem with a biased press or with a lack of
enforcement. I have been very involved
in the
Certainly doctors are no different than police officers, firefighters, or other individuals with high-pressure occupations. We all understand the stresses that our colleagues are under, no matter what the job, and try to give every last benefit of the doubt to our peers who have (hopefully) temporarily gone astray. Yet we must realize that "going astray" in the medical world means the potential to do harm to other human beings, and we must draw a distinct line in the sand between our colleagues who have temporary problems that can be resolved (and who are willing to face their problems by seeking help), and those who have repeatedly demonstrated a lack of skill, clinical judgment, or ethical behavior. As Larry Matheis, executive director of NSMA recently pointed out, these articles in the press simply validate in the minds of the public the trial lawyer argument that malpractice litigation is the only protection the public has from a medical profession that refuses to police its own. (Talk about the pot calling the kettle black!)
The physician-patient relationship depends on trust to a degree unprecedented in any other human relationship with the exception of marriage. We interpret complex tests, administer life-threatening treatments, and perform complex surgeries based solely on the faith that our patients have that we are competent in what we do and acting in their best interests. Besides our own hard work to establish our individual reputations, we must be grateful to the generations of physicians who have come before us, who through their skill and dedication have placed the medical profession on the pedestal on which it still stands. We squander this legacy at our own peril.
Since our patients are so
completely dependent on their trust and faith in us as individuals, and our
profession in general, a very few bad examples can create great damage. We are all tarred with the same brush. The most recent concrete example is
legislation passed this last session that requires all new physicians to
undergo criminal background checks. It
was spawned by the case of the
The case of Dr. Francis D'Ambrosio
certainly bears mentioning in this column.
According to the Reno Gazette-Journal, Dr. D'Ambrosio
was named in 60 malpractice cases between 1994 and 2002, when he surrendered
his
So how do we go about cleaning up our act? These issues are complex and detailed solutions are beyond the scope of this column. Potential solutions require that a delicate balance be maintained. We must show compassion towards physicians who have erred in their ways and are repentant, while demonstrating to our patients that we regard their safety as paramount. We must afford due process to physicians, as we do to other Americans, while bringing charges to a speedy resolution so that the public does not perceive justice delayed as justice denied.
Physicians in our state must know that disciplinary action can be brought against them if they fail to "report any person the licensee knows, or has reason to know, is in violation" of the medical practice act or the regulations of the NBME (NRS 630.3062(6)). While this creates a duty on our part to report such physicians, we are immune from civil action for furnishing "information concerning an applicant for a license or a licensee in good faith and without malicious intent" (NRS 630.364(1)). One local physician explained to me that he tried to inform the BME about a colleague's lack of skill as a surgeon, but stopped when he was threatened with legal action. Anyone can file a lawsuit, but in this situation the plaintiff would need to prove by clear and convincing evidence that the report to the BME was made in bad faith or with malice. I am aware of the potential for mischief to be caused by some of our colleagues reporting each other for anti-competitive and interpersonal reasons, but I am hopeful that a competent BME will be able to discern valid complaints from groundless ones, and that physicians making repeated false claims will themselves be subject to scrutiny.
I believe it is clearly in the best interests of our profession to show our patients that we are worthy of the trust they continue to place in us and that we regard their safety as the highest priority. If we cannot police our own profession, then the legislature, in the interests of "public safety" will take away this responsibility from us, and the public will come to believe that unfettered malpractice litigation is their only protection against unscrupulous and unqualified doctors. Let us at least begin to act before it comes to this.

2001 2002 2003
2004 2005
Jan 39 33 108 61 41
Feb 20 14 98 72 63
Mar 35 30 169 123 64
Apr 37 34 111 81 70
May 37 35 126 65 14
Jun 27 24 103 90 65
Aug 54 51 76 67 33
Oct 37 83 110 59
Nov 38 184 59 78
Sum
372 823
1246 867
Congratulations and Welcome to the
Reinstated Members
If you have any pertinent information about the following membership
candidates, please contact:
·
Imran Ahmed, MD, Oncology/Hematology
·
Mitchell
D Forman, DO, Internal Medicine
·
Ara Gueyikian, MD, Internal Medicine
·
W Tracy
Hankins, MD, Plastic Surgery
·
Thomas J
Hunt, MD, Family Practice
·
Prasad R Kudalkar, MD, Family Practice
·
Rupesh J Parikh, MD, Internal
Medicine
·
Benjamin
U Samuel, MD, Infectious Disease
·
Satish K Sharma, MD, Anesthesiology
·
For information on becoming a member of the
***New Member Special*** $390 New members can join for half
price their first year.
The Clark County Medical Society's Community Health/Community Relations Committee is developing a weekly column called "Dear Doctor" with the Las Vegas Review-Journal. We encourage any interested physician members to submit a brief article on a mainstream health topic of your choice. If you would like to submit an article for publication in our new "Dear Doctor" column with the R-J, please submit it to the Clark County Medical Society.
Specifications: Articles should be of 750 words or less. The
articles should be placed in the form of a Question/Answer and printed for
legibility.
By
There seems to be significant efforts among
many parties to create an
The University of
Nevada School of Medicine (UNSOM) has accredited residencies in primary
care, as well as general surgery and plastic surgery. Residency positions at UNSOM are filled with
United States M.D. graduates, United States D.O. graduates and a substantial
number of Foreign Medical Graduates (FMGs). The new American Osteopathic Association
residency positions will be filled with United States D.O. graduates and FMGs. The first
graduates of the Touro University College of Osteopathic Medicine will graduate
in 2008. There will likely be something
more than 70 graduates in this inaugural class, with graduating class size
rising nearly to 150 within five years.
These graduates will likely fill a substantial number of the available
southern
From 2006 to 2008 however, there
will be no graduates from Touro to fill the positions. There will be an insufficient number of
graduates from UNSOM to fill the positions.
Nationally, 25% of training physicians are FMGs. Particularly for the years 2006 to 2008, and
substantially thereafter, FMGs will have a surfeit of
opportunities for residency training in southern
The J-1 exchange visitor visa is
granted to a foreign medical physician who is sponsored by the Educational
Commission on Foreign Medical Graduates (ECFMG) to seek graduate medical
training in the
In the past there was a limited H-1B
visa program exception wherein qualifying J-1 visa physicians could remain in
the
This law also, most significantly,
eliminated the H-1B numerical caps for state and federal agencies and permitted
both state and federal agencies to sponsor specialists (only the VA could do so
previously). Beyond the Conrad 30
program, J-1 visa physicians can be granted a waiver for the two year foreign
residence requirement if they can demonstrate their departure would cause an
"exceptional hardship" on a
·
physical
or mental conditions of a spouse or child that would be adversely affected by
resident abroad, such as the unavailability of treatment in the home country;
·
conditions
of severe discrimination and limitation of educational opportunities to a
spouse or child of a particular race, religion, or gender;
·
need for
the spouse to remain in the
·
interruption
of the spouse's established career; and
·
severance of one or
more close family relationships.
Congress has determined that the
liberalization of the caps on J-1 visa physicians' ability to remain in the
The VA (Department of Veterans
Affairs) may sponsor an unlimited number of FMGs when
it is clearly in the interest of the VA.
Usually this requires a finding by the VA that the loss of the J-1
physician's services would necessitate a discontinuance of a program or a major
phase of a program, and recruitment efforts to find a qualified U.S. resident
have or would fail. VA positions do not
have to be in medically underserved areas.
Some of the best physicians in
Reprinted from the
The
1. Your
response should be timely. Normally,
there is a specified number of days indicated in the
Investigator's letter during which a response should be prepared and forwarded
to the Board. If you have a conflict
with the time allotted, all you have to do is call the Investigator and request
an extension. In most cases, extensions
are not a problem, provided there is reasonable cause.
2. The response
should address the specifics raised in the complaint letter. The complaint letter is usually
self-explanatory; however, if you have a question, call or write to the
Investigator handling your case.
3. The response
should be typed. Legibility is crucial,
and illegibility will only lead to delay and require more time and effort on
everyone's part.
4. The response
should be focused and concise, but should adequately address the issued
raised. If the complaint raises the
issue of patient care and the issue of practitioner behavior, both issues must
be addressed.
5. The response
should be prepared and signed by the practitioner against whom the complaint is
made. The response may be supplemented
by other documentation and commentary, and the practitioner may, of course,
seek outside advice and legal counsel.
Once the initial investigation is complete, the Board's Medical
Reviewers examine the case. The Board's
Medical Reviewers are licensed
When the investigation is ready to go forward, it is
presented to one of two Investigative Committees of the Board. The Investigative Committee is composed of
three members of the Board, two of whom are licensed medical doctors and one of
whom is a public member. In every case,
the legal staff reviews the investigation before presentation to the Investigative
Committee. The Investigative Committee
thoroughly reviews and discusses each case.
It considers the case for closure, for expanding the investigation, for
having the practitioner appear before the Committee, or for other action agreed
upon by the Committee, which may include filing a Formal Complaint against the
practitioner for a violation of the Medical Practice Act, NRS 630.
All investigations conducted by the Board are confidential
by statute. However, when a Formal
Complaint is filed with the Board against a practitioner, the Formal Complaint
becomes a public document.
So, if you receive a complaint letter from the Board,
whether as a Respondent or as a practitioner otherwise involved, take the time
and effort to do your homework carefully and provide as accurate and complete a
response as possible. Every Board
investigation is a serious matter, and your cooperation in following the
response guidelines benefits every practitioner involved in one.
On behalf of the Board's Investigations Division, Medical Reviewers and Legal Staff.
By Donald Kwalick,
MD, MPH, Chief Health Officer
Avian Flu - Clark County Health District
prepares for outbreak response
Outbreaks
of a highly-pathogenic avian flu virus in poultry and other birds in several
Asian countries are thought to pose the highest risk of sparking a human
influenza pandemic. Based on historical patterns, influenza pandemics are
expected to occur three to four times each century with the emergence of new
virus subtypes that are readily transmitted from person to person. Public
health experts agree an influenza pandemic is inevitable and possibly imminent.
The news
that the Centers for Disease Control and Prevention, along with partner
agencies, had successfully reconstructed the influenza virus strain responsible
for the 1918 flu pandemic is encouraging. Based on this study we now know the
H5N1 virus circulating in
At the
local level the Clark County Health District continues to plan and practice for
an outbreak response. These activities would be applicable to a response to an
avian flu outbreak and are applied to every day activities, including
small-scale outbreaks.
Health
district staff representatives from different functional areas participate in
outbreak response team meetings on a regularly scheduled basis. This has lead
to enhanced coordination among the different sections of the health district
and improved our response efforts. This team approach was employed during the
response to a hepatitis A exposure at a conference with more than 25,000 people
in attendance. The health district successfully notified more than 90 percent
of those in attendance at the conference within 24 hours of receiving the
information. This allowed attendees to determine if they were at-risk and
afforded the health district ample time to set up a clinic and provide
preventive treatment to those exposed.
Additionally,
the health district participates in community-wide exercises where responses to
a variety of disease outbreaks are tested. These scenarios involve setting up
mass vaccination or dispensing clinics and test our plans to implement
different levels of isolation and quarantine orders in our community.
Flu season also offers an opportunity to test our response
capabilities. During the 2004-2005 season we operated
the first day of our flu clinic as a mass vaccination drill. Public health
nurses immunized more than 3,200 high-risk individuals in an 8-hour period and
we were able to test our clinic layout to ensure it provided for an optimal
flow of clients.
The health
district will replicate the mass vaccination drill this flu season with the
added element of running two vaccination sites simultaneously. The drill is
scheduled for
These activities provide realistic scenarios we can use to hone our response to a variety of public health emergencies and we continue to seek out and create opportunities to improve upon our ability to respond to a variety of emerging public health needs.
By Shanila Choudhury,
2005-06
October is
designated Breast Cancer Awareness month and there are signs of this
everywhere. The Clark County Medical
Society Alliance has chosen to participate by having a Breast Cancer Awareness
Fundraiser in honor of our charity, the Susan G. Komen
Foundation at the Red Rock Country Club on
I encourage those
of you who have not yet joined the Clark County Medical Society Alliance, to do
so soon so you can be part of our yearly membership directory. This will allow you to continue to get our
beautiful and very informative newsletter, created by Pauline Lee and Andrea
Yu. The newsletter keeps you posted on
our many activities. The deadline is
The Alliance
Greeting Card Project is under way since the summer. Kim Watson, Lisa Gollard
and Annette Mohs have been working very hard to make
this year surpass the goals of last year.
For those who are not familiar, there will be 5,000 request letters
mailed throughout the community, soliciting donations of only $50 each. In turn we will be sending out a greeting
card listing all the donors. This will enable us to offer awards of approximately
$1,000 each to at least 10 Nursing School Graduates and the remainder will
benefit the Nevada Benefits Society, a local charity. You will find an insert in this
newsletter. Please help us with your
kind donation.
Please join us at
the next lunch which will be at the Capital Grille located in the Fashion Show
mall on Tuesday, November 15 at
Mark Your Calendars!
This is the first time in years that this meeting will be
held in
1. A half day Scientific Session
2. President’s Luncheon (usually has an interesting speaker)
3. Very Informative Governmental Affairs Meeting
4. Reference Committee meetings where resolutions are discussed and perfected to become policy
5. Dinner and Awards ceremony where the NSMA and NSMAA Presidents are inaugurated
This year the
Delegation Chair for
Executive Council
MEETING
Tuesday,
Minutes Synopsis
The minutes for the
August meeting were approved unanimously.
UNSOM Report
Dr. Lenhart gave a
brief report about the meeting to discuss the current hospital AMC
proposal. Dr. Lenhart stated the
proposal constituted a 23 million dollar increase in funding but the proposal
did not describe an environment for this AMC.
Allscripts Presentation
Glen Tullman, CEO of
Allscripts made a proposal for an electronic prescribing program which they
would like
Financial Report
Dr. Steinberg
reported the revenue was $27,332.48 for the first month of the new fiscal year
which is down about $9,000 from last year at this time due to a decrease in new
members and renewal dues collected.
Employee related expenses are down with one less employee. Expenses are about $3,000 less than the same
time last year.
Membership Report
Dr. Kline reported
there were 91 dues paid members, which was a decrease from the 147 last year at
this time. There were a total of 767
members.
Credentials Report
There were 2
reinstatements, Margo Hendrikson, MD - Pediatric Surgery; Nutan
K. Parikh, MD - Oncology.
The "Clark
County Medical Society Recommendations for Establishing a
Community Health Committee
Dr. Jones reported
his committee continues working on the service opportunity project began by Dr.
Jameson last year. Articles for the
"Dear Doctor" project were requested of Board members again. Dr. Jameson gave a brief presentation on
information regarding Access Health.
Dr. Forman stated
their next D.O. class will have 125 students.
NSMA Report
Dr. Evins stated his
commissions were appointed at the NSMA Counsel meeting. The Council approved staff performance
reviews, added Dean Forman to the Counsel, set a legislative strategy, and
discussed the AMC issue on great length.
AMA Report
Dr. Nelson urged
members to call their legislators about the proposed Medicare cuts. Dr. Nelson reminded everyone that the NSMA
Annual meeting will be in Las Vegas this year for the first time in a very long
time, and she asked each Board member to do several things: 1) think of any
good ideas and bring them forward; 2) consider giving all Delegates $100 for serving
as a Delegate and; 3) make a commitment to be a Delegate and solicit one
additional person to be a Delegate.
NBME Report
Dr. Havins explained
the "Code of Ethics" which was proposed at the NBME meeting. He stated the first code would create a duty
to treat in an emergency. However, this
violates the "first do no harm" basic ethical code. The wording should be modified.
Health District Report
Dr. Kwalick was
unable to attend the meeting but sent a report to the Board on current Health
District topics.
President's Report
Dr. Kline assigned
Drs. Havins, Nowins and Steinberg to an investment committee to look into asset
protection for the Medical Society.
New Business
The Huntridge Clinic
will be allowed to place a one time quarter page ad in the
The next BOT meeting
will be on
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Physician Reviewers Needed:
HealthInsight, the Quality Improvement Organization for the Medicare Beneficiaries
of the state of
Bechtel
NV Chapter AACE 434-8400
Pri-Med Institute (877) 4PRI-MED
Sierra Health Services 242-7735
11/10 - “Improving
Your HEDIS Score”
12/8 - “Hand and Arm
Problems from the Neurologist’s Perspective”
Southwest Medical Associates 242-7735
11/22 - “Brain
Death: Organ & Tissue Donation
1.5 CME Credits RSVP
Required
UMC 383-2604
11/22 - “Bipolar
Disease”
12/13 - “Chemodenervation: Pros and Cons
Only CME Activities held at the
CLARK
COUNTY HEALTH DISTRICT
DISEASE
STATISTICS* - September 2005
DISEASE
CASES REPORTED YEAR
TO DATE
Sept 2004
Sept 2005 2004 2005
VACCINE
PREVENTABLE DISEASES
DIPTHERIA 0 0 0 0
HAEMOPHILUS
INFLUENZA 0 0 5 10
HEPATITIS A 0 3 6 8
HEPATITIS B 2 2 40 19
INFLUENZA 0 0 53 119
MEASLES 0 0 0 0
MUMPS 0 1 0 1
PERTUSSIS 0 3 4 26
POLIOMYELITIS 0 0 0 0
RUBELLA 0 0 0 0
TETANUS 0 0 0 0
SEXUALLY
TRANSMITTED DISEASES
AIDS 8 10 201 151
CHLAMYDIA 443 512 3759 4342
GONORRHEA 233 206 1941 1896
HIV 31 15 225 191
SYPHILIS
(Early Latent) 0 0 8 17
SYPHILIS
(Primary & Secondary) 10 1 28 80
ENTERICS
AMEBIASIS 1 0 9 11
BOTULISM-INTESTINAL
0 0 0 1
CAMPYLOBACTERIOSIS 18 4 67 61
CHOLERA 0 0 0 0
CRYPTOSPORIDIOSIS 0 0 2 6
E. COLI
O157:H7 5 0 10 10
GIARDIA 5 8 51 46
ROTAVIRUS 10 2 503 399
SALMONELLOSIS 13 18 82 97
SHIGELLOSIS 12 5 32 36
TYPHOID
FEVER 0 0 1 0
VIBRIO 0 0 4 0
YERSINIOSIS 0 0 0 1
OTHER
ANTHRAX 0 0 0 0
BOTULISM INTOXIC