We need more cases like this

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Taurus

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Jury awards nearly $3.2 million after NP pediatric misdiagnosis at UC


A few months before the misdiagnosis, Kyler was brought into a primary care clinic operated by CoxHealth for a prolonged fever, which is a symptom of Kawasaki’s disease. A nurse practitioner misdiagnosed Kyler with pneumonia and he was sent home.

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NPs get away with this substandard care in peds, specifically, because kids are so resilient. You can miss **** all day and 99% of those kids will be fine.
 
B-but I thought that Nurse Practitioners considered the w h o l e patient....

[whatever that fuggin' means]
 
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Not defending the NP here, but I wonder if I would've picked up on the Kawasaki diagnosis. Maybe, maybe not. I've seen 3 in my career. All of them were during residency and caught by an attending. :O
If it was that subtle and difficult to pick up, I don’t think the plaintiffs would have been awarded $3M. It was probably gross negligence and malpractice.

I’ve been the expert witness in several malpractice cases. The question I’m asked always is if the standard of care was followed and if a typical provider would have picked it up.
 
Not defending the NP here, but I wonder if I would've picked up on the Kawasaki diagnosis. Maybe, maybe not. I've seen 3 in my career. All of them were during residency and caught by an attending. :O
Hard diagnoses are hard. That’s why we train like we do. That’s why this NP/PA independence push is so disturbing to us. We see all the mistakes that WE make and think “how could ANYONE with 1/10 of the training think they are ready for this?”
 
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Could see a lot of docs missing this dx. But I can’t imagine any of my peds attendings missing it. It’s pretty damning that the PA at the next visit said the kid had an ear infection 3 hours from deaths door as well.
 
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Not defending the NP here, but I wonder if I would've picked up on the Kawasaki diagnosis. Maybe, maybe not. I've seen 3 in my career. All of them were during residency and caught by an attending. :O
I caught one case that I almost sent home. If you looked at this kid and said, "sick or not sick", you would have said "not". When I spoke with the CC fellow at CHP, she just called it "incomplete penetrance", and was more than happy to take the transfer.
 
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Meh. Don't really know the details of the case (referring to the first visit here). Was there rash? Strawberry tongue? Conjunctivitis? If the standard advice that I always give ("See your PCP in 1-2 days for reevaluation) was given, it would have provided their pediatrician with an opportunity to make the dx. I going to assume the family didn't bother to follow up.

The second visit hours before death seems much more damnable.

Tragic case. I feel for the family.
 
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Not defending the NP here, but I wonder if I would've picked up on the Kawasaki diagnosis. Maybe, maybe not. I've seen 3 in my career. All of them were during residency and caught by an attending. :O
Early Kawasaki will almost always be missed as a URI or similar viral illness. Just remember if fever is going on for a week: it’s either some weird **** or the mom is bad at dates.
 
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Is the OP trying to suggest that if a few more kids die tragically from misdiagnosis by NPs, leading to the enrichment of a few more plaintiff's attorneys, that it will somehow benefit doctors?

Aside from the obvious ethical problem with that approach, I can assure you that no good ever comes from taking the side of plaintiff's attorneys, cheering them on, and hoping for them to win more lawsuits. You will not successfully leverage this to advance your career goals.

A few more lawsuits going against mid-levels aren't magically going to make people refuse to hire mid-levels and pay doctors more. It's just going to attract more plaintiffs attorneys to the field that are going to turn around and sue you, the doctor. And it'll make the patients think we're all screwing up, so they can trust no one. It'll just strengthen their suspicion that if they can't actually get good healthcare out of the system they might as well sue us all and pray for a lottery ticket.
 
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A few more lawsuits going against mid-levels aren't magically going to make people refuse to hire mid-levels and pay doctors more. It's just going to attract more plaintiffs attorneys to the field that are going to turn around and sue you, the doctor. And it'll make the patients think we're all screwing up, so they can trust no one. It'll just strengthen their suspicion that if they can't actually get good healthcare out of the system they might as well sue us all and pray for a lottery ticket.
If NP’s want to work independently, I say them let. Let them practice “at the top of their license”. Then let these cases pile up. That’s the only way that politicians, insurance companies, and corporate suites will change. Otherwise, refuse to loosely supervise them or keep them on a very short leash. You’re right that the lawyers are going to come after you even if you didn’t see the patient and only signed off on the charts. That’s why I refuse to loosely supervise anyone who is attached to my license. Of course, doing mostly diagnostic radiology affords me that luxury. As I’ve commented in multiple prior posts, it makes no financial sense to widely adopt midlevels in diagnostic radiology and that’s why midlevel encroachment is not an issue in radiology.
 
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If NP’s want to work independently, I say them let. Let them practice “at the top of their license”.
This 👆 part I agree with this 100%. I think you and I mostly agree on the mid-level vs. physician topic.

But your thread title feels too pro-attorney. If I stumbled onto a malpractice plaintiff's attorney forum and saw a thread titled, "We need more cases like this" followed by a post celebrating a $3.2 million win, it wouldn't have seemed out of place.
 
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Did the family sue the first NPP or the second?

How the F does a kid come in premortem and get diagnosed with an ear infection? Do they have a class called, "Not sure what's wrong with a kid? Just call it otitis!"

I feel like I've seen more cases of Kawasaki's than I have 'double ear infections'.
 
Did the family sue the first NPP or the second?

How the F does a kid come in premortem and get diagnosed with an ear infection? Do they have a class called, "Not sure what's wrong with a kid? Just call it otitis!"

I feel like I've seen more cases of Kawasaki's than I have 'double ear infections'.
I think they sued the health system. The PA if you look him up is still working there.

“CoxHealth admitted to no wrongdoing and refused to offer any compensation to the family. Furthermore, in a particularly insensitive effort to sway the jury, CoxHealth had an economist testify that the “cost” of raising a child should be considered and that Kyler’s tragic and untimely death actually spared the family the expense of raising him.”

 
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I think they sued the health system. The PA if you look him up is still working there.

“CoxHealth admitted to no wrongdoing and refused to offer any compensation to the family. Furthermore, in a particularly insensitive effort to sway the jury, CoxHealth had an economist testify that the “cost” of raising a child should be considered and that Kyler’s tragic and untimely death actually spared the family the expense of raising him.”

Some states have limits on awards based on expected economic losses, that may have been an attempt to limit the hit. As an aside, even at my most burnt out, I don't think I could have sat in front of a grieving family and explained how their child's death ultimately saved them money. That expert witness is a psychopath.

I'm deeply puzzled why this made it to trial. It's a rare disease missed twice with a blameless victim. You contact the family, you pay for burial expenses and +/- some low 6 figure cash payout, and you involve the parents in a crusade to educate your healthcare providers and general public about this rare but potentially deadly disease.
 
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You contact the family, you pay for burial expenses and +/- some low 6 figure cash payout, and you involve the parents in a crusade to educate your healthcare providers and general public about this rare but potentially deadly disease.
It's the policy of med-mal defense attorneys and insurance companies any time they can get out of a death case for $100,000 or less, to take it and run, regardless of the merits of the case. Asking how I know buys an instablock.
 
I think they sued the health system. The PA if you look him up is still working there.

“CoxHealth admitted to no wrongdoing and refused to offer any compensation to the family. Furthermore, in a particularly insensitive effort to sway the jury, CoxHealth had an economist testify that the “cost” of raising a child should be considered and that Kyler’s tragic and untimely death actually spared the family the expense of raising him.”


AYFKM?!
 
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If it was that subtle and difficult to pick up, I don’t think the plaintiffs would have been awarded $3M. It was probably gross negligence and malpractice.

I’ve been the expert witness in several malpractice cases. The question I’m asked always is if the standard of care was followed and if a typical provider would have picked it up.
Early Kawasaki will almost always be missed as a URI or similar viral illness. Just remember if fever is going on for a week: it’s either some weird **** or the mom is bad at dates.
I missed a Kawasaki's diagnosis recently that was also missed by a 20+ year PEM attending (kid did fine). Given the rarity/non-specific nature of it I don't know how much I can really blame this on mid-level training.
 
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I missed a Kawasaki's diagnosis recently that was also missed by a 20+ year PEM attending (kid did fine). Given the rarity/non-specific nature of it I don't know how much I can really blame this on mid-level training.
Yup, easy to miss. The kid of one of my EM attendings had it. She missed it as did their pediatrician and a few other folks before the kid got really sick...
 
Let's be serious: that's a tough thing to catch.
 
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Let's be serious: that's a tough thing to catch.
Kawasaki's is a tough pickup, especially early on. In the era of vaccinations, there should be really few times that you send a kid home and they die within hours. Don't know if this kid had an atypical case and looked great until he dissected a coronary and went into a lethal arrhythmia. But I do know that every kid I see with a fever that doesn't have a clear source on initial visit gets instructions about a follow up visit if fever duration starts creeping into Kawasaki territory.
 
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Let's be serious: that's a tough thing to catch.
Agreed. But again let’s not fall into the mid level trap. We are physicians and hold ourselves to the highest standards so we are allowed to be forgiving. Mid levels use “anyone could have missed that” just justify their 500 hours of clinical training.

Don’t make excuses for a mid level who misses a rare diagnosis. A physician might have caught it.
 
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Agreed. But again let’s not fall into the mid level trap. We are physicians and hold ourselves to the highest standards so we are allowed to be forgiving. Mid levels use “anyone could have missed that” just justify their 500 hours of clinical training.

Don’t make excuses for a mid level who misses a rare diagnosis. A physician might have caught it.
"Any mid-level would have missed that" is a more accurate statement
 
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Don’t make excuses for a mid level who misses a rare diagnosis. A physician might have caught it.

We had a few of these fairly recently. They can be tricky because they might not have all the principle criteria all at once, but all our cases got caught by residents and attendings, PEM, FM, and peds alike. I’m sure a physician would have at least considered this and tried to rule it out.
 
The eye cannot see what the mind doesn’t know.
 
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Agreed. But again let’s not fall into the mid level trap. We are physicians and hold ourselves to the highest standards so we are allowed to be forgiving. Mid levels use “anyone could have missed that” just justify their 500 hours of clinical training.

Don’t make excuses for a mid level who misses a rare diagnosis. A physician might have caught it.
If physicians with 15000+ hours of training under their belt miss lots of things, why DO we even allow midlevels with <500 hours to even touch patients, let alone "practice healthcare" independently.

Elsewhere:
The UK has 1600 PAs for 66 million pop.
Germany has about 100 PAs for 83 million population.
Meanwhile, the United States has 125000 PAs and 325000 NPs for 328 million population

It's a reason why other countries don't use midlevels to any real extent. Although, in the interest of cost cutting, they're on the rise globally. (In the linked reddit thread, UK docs gripe about losing income and share to AHP (allied health professions) and PAs that might acquire full prescribing rights:
 
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To the main post, I don't think I've ever seen all 5 diagnostic criteria for KW in a single patient. 3-4 was enough for us in residency to admit. By the time this kid presented the second time, probably means this kid met all 5 criteria needed for the dx. I find it hard to believe that an ER doc would miss it the second time. It's a classic oral board question for christ sake! Midlevels on the other hand, don't know, what they don't know.
 
If physicians with 15000+ hours of training under their belt miss lots of things, why DO we even allow midlevels with <500 hours to even touch patients, let alone "practice healthcare" independently.

Elsewhere:
The UK has 1600 PAs for 66 million pop.
Germany has about 100 PAs for 83 million population.
Meanwhile, the United States has 125000 PAs and 325000 NPs for 328 million population

It's a reason why other countries don't use midlevels to any real extent. Although, in the interest of cost cutting, they're on the rise globally. (In the linked reddit thread, UK docs gripe about losing income and share to AHP (allied health professions) and PAs that might acquire full prescribing rights:


And I love how people in Primary Care always talk about how in socialized systems they are far more valuable...it does not matter what system you have set up if it can be done cheaper then govt or ins will entertain it PAs, "medics", NPs doing surgery, you name it.
 
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To the main post, I don't think I've ever seen all 5 diagnostic criteria for KW in a single patient. 3-4 was enough for us in residency to admit. By the time this kid presented the second time, probably means this kid met all 5 criteria needed for the dx. I find it hard to believe that an ER doc would miss it the second time. It's a classic oral board question for christ sake! Midlevels on the other hand, don't know, what they don't know.

Well, out of residency for several years you start seeing fewer pediatric patients and get further and further away from board review.
Look, I'm just being honest here. Maybe you guys are just way better physicians than me. I got no love for mid-levels invading our field and doing our job. I felt barely ready after medical school 4 years of residency, so I don't know how 2 years of anything can make you in any way ready for the job we do.
 
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