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Explain to me how is it like in a nightmare to get a physician to get a license but a PA can function no problem without a license? All I gotta do is walk up to a hospital and claim I am a PA and show my diploma? Sheesh.
I wonder if he walked around in a white coat that has "PA" on it and a hospital ID that say "PA".
A CT scan with in a few hours of the onset of symptoms is almost always going to be negative for stroke. They should have gotten an MRI and consulted a neurologist. The patient was complaining of double vision, nausea, confusion and a sudden onset of severe headache. Are those not red flag neurological symptoms? The PA is not at fault, the ED docs who obviously didn't examine the patient or properly work them up are at fault.
I will however say... he should have gotten a neurology consult, and there lies the fault. I mean why not? If the patient is sitting there for 6 hours between two CT scans, you might as well call the neurologist. Then he/she would do the full neuro exam and this whole mess would have been avoided. I am surprised an ER doc actually didn't consult a service (usually they are happy to consult on anything).
Hell no. Again, THIS GUY WAS NOT A PA. He was never licensed as a PA.
PA controversy aside, I think we are missing the real point here.
200 MILLION DOLLARS??!?!??!? For ONE life?? Florida is f'ed up, man. This is utterly ridiculous. Nobody needs to inherit 200 million, no matter how bad the error. 👎mad:
Confusion... subjective. Some IV fluid and oxygen might make you less confused and mix up the picture.
Double vision... again subjective, maybe felt better lying down.
Both are possible with severe sinusitis.
That's been discussed in the EM forum. The person in question was not a midlevel. He was unlicensed and was therefore no different than any other layperson. This case has no relevance to physicians who employ licensed PAs.
See this thread.
an unlicensed midlevel is still a midlevel.
when you finish medical school, if you don't go to residency, you are still a physician. you just happen to be unlicensed. even if you go to internship/residency, you are, for a time, unlicensed. this does not make you a "layperson" by virtue of your education.
so, if you were to have to go to court as an intern, you couldn't claim "i'm unlicensed, and therefore a layperson." you would be held to a little higher standard then a layperson.
as such, the pa, by virtue of his education, even without license, would and should be held to a higher standard then a layperson.
a layperson can claim tylenol should be good for any headache.
one would think that someone with some amount of medical education would be held to a higher standard then that.
an unlicensed midlevel is still a midlevel.
when you finish medical school, if you don't go to residency, you are still a physician. you just happen to be unlicensed. even if you go to internship/residency, you are, for a time, unlicensed. this does not make you a "layperson" by virtue of your education.
so, if you were to have to go to court as an intern, you couldn't claim "i'm unlicensed, and therefore a layperson." you would be held to a little higher standard then a layperson.
as such, the pa, by virtue of his education, even without license, would and should be held to a higher standard then a layperson.
a layperson can claim tylenol should be good for any headache.
one would think that someone with some amount of medical education would be held to a higher standard then that.
One of the problems with the term "midlevel" is that there is no standard definition so it can be whatever someone claims it is. Medicare for example uses the term Non-physician provider which is specific to licensed providers with a certain skill set.an unlicensed midlevel is still a midlevel.
when you finish medical school, if you don't go to residency, you are still a physician. you just happen to be unlicensed. even if you go to internship/residency, you are, for a time, unlicensed. this does not make you a "layperson" by virtue of your education.
so, if you were to have to go to court as an intern, you couldn't claim "i'm unlicensed, and therefore a layperson." you would be held to a little higher standard then a layperson.
as such, the pa, by virtue of his education, even without license, would and should be held to a higher standard then a layperson.
a layperson can claim tylenol should be good for any headache.
one would think that someone with some amount of medical education would be held to a higher standard then that.
PA controversy aside, I think we are missing the real point here.
200 MILLION DOLLARS??!?!??!? For ONE life?? Florida is f'ed up, man. This is utterly ridiculous. Nobody needs to inherit 200 million, no matter how bad the error. 👎mad:
Confusion... subjective. Some IV fluid and oxygen might make you less confused and mix up the picture.
Double vision... again subjective, maybe felt better lying down.
Both are possible with severe sinusitis.
Sudden "pop" heard. I bet the patient didn't come in claiming that, it was probably found in retrospective questioning after the slurred speech etc etc etc..
Really? I guess I haven't had that much experience, but I haven't ever had a patient with severe sinusitis presenting with confusion and double vision. I don't even understand how the pathophysiology of that in relation to sinusitis would work. In any case, having just been released from my last rotation of medical school, neurology, I think confusion and double vision as well as a severe headache in the context of hypertension, high cholesterol, and fam hx of stroke deserves a thorough stroke workup. we all know that ct without contrast can't show a stroke in the first couple of hours, so at that point the pt deserved a second neuro exam and if he STILL had the same symptoms then an MRI and neuro consult should have been ordered staightaway. Whoever was involved in this patient's care, PA and MD both, were negligent. Not that I think the family deserved $200 million for it, but who's to put a price on a human life ...
You guys keep acting like the man is a clear cut cookie case from the book. Wait till your the intern and half your patients are confused with bad vision. Are you going to MRI every confused person that walks in through the ER door? That's a lot of MRIs. I got plenty of patients (coming in with their family!) who would happily claim confusion and some "blurry" vision to get some Xanax/Percocet. And of course they come in with the MHx of DM, HTN, Chronic Pelvic Pain, <insert your favorite comorbidity>. Regardless, as I stated, they should have gotten a neurology consult for a real full neurological exam to straighten out the symptoms then decide MRI or not and if the scenario is true then the symptoms wouldn't have resolved.
Yeah, I have to agree with that. You can blame the lawyers for being that greedy I'm sure. This is in my opinion the thing that really sucks about being a physician. You can literally have your life's work ripped away from you at any time by a greedy lawyer.
Well said. So when you guys decide on where or what to practice, make sure you remember that.
I'm gonna go bare.
That takes cajones my friend.
My friend and former supervising physician very strongly considered "going bare" when she decided to change jobs and had to pay an outrageous tail (FP, no OB). She ended up going to work for a community health center where she's paid a low-end salary but has federal malpractice coverage and can practice with much less fear of being sued. She also runs a free health clinic twice a month, strictly volunteer, and has no malpractice coverage for that.
You really missed the point here. It's not that they are held to a higher or lower standard than a layperson. Both are held to an infinitely high standard compared to a licensed professional, because if the MD was relying on an unlicensed provider and there was an adverse outcome, it's basically automatic malpractice.
If the person in question had been a licensed PA then this suit would have either been settled or dismissed, almost certainly. There is no lesson here for those who work with real midlevel providers.
Also, if you graduate medical school and are not licensed, then no, legally you aren't a physician. Residents work under training licenses.
One of the problems with the term "midlevel" is that there is no standard definition so it can be whatever someone claims it is. Medicare for example uses the term Non-physician provider which is specific to licensed providers with a certain skill set.
You use the example of interns or residents. Everywhere I've been interns and residents need either a license or a training license. They are not allowed to work until they have them.
Look at the following example: A physician without a license goes to work in an ER.
A resident without a training license goes into work in an ER.
A PA without a license goes to work in an ER.
What do all these have in common. They are practicing medicine without a license. They are held to the same standard as if someone with no medical training was practicing as a physician in that same ER. They are illegally practicing medicine. There is no standard for practicing illegally.
The other issue is that you talked about is the standard since someone is trained as a PA. Since the all states require licensure and most states require certification this is the standard. The reason that states will not license uncertified PAs is that they have not proven that they can practice at the standard required of PAs. In addition there is no proof that the "PA" in the article ever went to PA school.
Florida has a particular problem with this. There is a large group of politically connected people there, some of whom claim that they were trained as physicians in their home country. Since this country is no longer friendly with the US there is no way to confirm that they went to medical school. Because of this they are not eligible for the ECFMG. Because of their political connections the State of Florida directed they be eligible as PAs. The NCCPA declined to certify them since they had not graduated from an accredited PA program. The state of Florida then designed their own PA exam. Not one of these "PAs" could pass the home grown test. However because of the way the law was written, as long as they did not fail the test more than 5 or 6 times they could continue to practice under a "temporary" license. Some of these "PAs" have been practicing on the temporary license for more than 10 years. My guess is that this is the case here.
The moral of the story is that if you employ someone to practice medicine illegally you are going to pay a big price.
David Carpenter, PA-C
How much tail are we talking? I keep hearing about outrageous tails now a days.
If the person in question had been a licensed PA then this suit would have either been settled or dismissed, almost certainly.
If a licensed PA misdiagnosed, the lawsuit would've settled or dismissed? You're dreaming.
http://www.post-gazette.com/pg/07328/836466-85.stm
Keep everyone who works with you on a short lease. Midlevels, medical students, nurses. Doublecheck their work. Don't take their word for it. Afterall, it's your license is on the line.
It's ironic that I have a Chief Resident and Attending breathing down my neck 90hrs/wk, but the midlevels get a free pass to do whatever they want.
You don't get paid overtime when you stay late, I suspect they do. That's probably a barrier to midlevels ever "replacing" physicians - midlevels aren't going to work more than their contract unless they get paid.
I have my boss breathing down my neck and he keeps me on a fairly short leash, no free pass here. In addition, I work under hospital restrictions that are quite a bit more restrictive than what the state will allow me to do.
I truly think that PAs can be a huge asset to the medical community and I have helped my doctor to actually improve the care of our patients not lessen it. The caveat is that you do need to take the time to train us and we must have oversight.
A CT scan with in a few hours of the onset of symptoms is almost always going to be negative for stroke. They should have gotten an MRI and consulted a neurologist. The patient was complaining of double vision, nausea, confusion and a sudden onset of severe headache. Are those not red flag neurological symptoms? The PA is not at fault, the ED docs who obviously didn't examine the patient or properly work them up are at fault.
Nice post. I'd guess the poor fellow had hemorrhagic conversion 24 hours after a small ischemic stroke. Or maybe an initial TIA followed by a large ischemic stroke 24 hours later. After a large ischemic event you'll often see enough edema to require decompression, so the shunt doesn't push you one way or the other.... OTOH it says the plaintiffs are claiming MRI was the appropriate test, which implies the stroke was ischemic. In that case the presentation was extremely atypical and again, the whole thing is extremely unfortunate but I'm not sure you can fault the workup.
Diffusion-weighted sequences on MRI can move the detection threshold for ischemia up to just a few hours,
but it's not available everywhere
(nor is part of any standard ER stroke algorithm, because it takes too long).
But the real issues here, I'm sure, were the lack of a careful, documented neuro exam and the attending's admission that he didn't lay eyes on the patient.
Make that minutes.
It should be available on every hospital based 1.5T scanner installed in the last 10 years.
It takes 2min 30sec on my scanners. Hardly a long sequence.
The real issue is practice of medicine by an unlicensed practicioner and the attempt by its employer to lie about it.
Oh come on, you know what he/she is talking about. In places like the VAs it takes an act of congress to get an MRI or a PET scan. I admit it is getting better but it aint ready to be done instead of a CT scan yet.