Hey George - tell me about medical malpractice defenses
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But to address your question a bit more specifically.
If someone is diagnosed with A1A, the path for litigation involves proving that FAILURE to perform the appropriate studies caused harm.
That's entirely possible - "You missed my cancer, and now I'm gonna die in 2 months." Failure to diagnose is a big deal - just look at breast cancer.
But..."Yeah, I missed your cancer because getting XYZ test was not warranted because of your (lack of) symptoms. And, even if you HAD complained of symptoms, XYZ test is not in the standard of care."
You've got a high bar there, IMO.
It might be worth the effort, however. Do you have some legal representation on your foundation to offer more advice?
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But to address your question a bit more specifically.
If someone is diagnosed with A1A, the path for litigation involves proving that FAILURE to perform the appropriate studies caused harm.
That's entirely possible - "You missed my cancer, and now I'm gonna die in 2 months." Failure to diagnose is a big deal - just look at breast cancer.
But..."Yeah, I missed your cancer because getting XYZ test was not warranted because of your (lack of) symptoms. And, even if you HAD complained of symptoms, XYZ test is not in the standard of care."
You've got a high bar there, IMO.
It might be worth the effort, however. Do you have some legal representation on your foundation to offer more advice?
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Sadly, the guy who defended me in my trial (which I won, by the way) passed away and I don't have access for a "curbside consultation."
What you're basically trying to do is establish a standard of care for COPD which includes A1A deficiency. Did I get that right?
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Sadly, the guy who defended me in my trial (which I won, by the way) passed away and I don't have access for a "curbside consultation."
What you're basically trying to do is establish a standard of care for COPD which includes A1A deficiency. Did I get that right?
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Get this - we've actually heard this in a focus group about 'why don't you test your COPD patients for AATD'....
A guy said 'I've been seeing this patient for 15 years, if I test him now and he's positive, it'll make me look bad for not testing him earlier'.
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Well we’d like to get MDs to follow the “GOLD” standard for COPD care which says they should all be tested.
Our traditional approach has been ‘education’ but we haven’t moved the needle that much.
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Get this - we've actually heard this in a focus group about 'why don't you test your COPD patients for AATD'....
A guy said 'I've been seeing this patient for 15 years, if I test him now and he's positive, it'll make me look bad for not testing him earlier'.
@jon-nyc said in Hey George - tell me about medical malpractice defenses:
if I test him now and he's positive, it'll make me look bad
What? He actually said that?
ETA: That comment does sort of address my "community standard of care" statement.
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@jon-nyc said in Hey George - tell me about medical malpractice defenses:
follow the “GOLD” standard for COPD
Care to 'splain that? Outside my wheelhouse, obviously.
@George-K said in Hey George - tell me about medical malpractice defenses:
@jon-nyc said in Hey George - tell me about medical malpractice defenses:
follow the “GOLD” standard for COPD
Care to 'splain that? Outside my wheelhouse, obviously.
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@jon-nyc said in Hey George - tell me about medical malpractice defenses:
if I test him now and he's positive, it'll make me look bad
What? He actually said that?
ETA: That comment does sort of address my "community standard of care" statement.
@George-K said in Hey George - tell me about medical malpractice defenses:
@jon-nyc said in Hey George - tell me about medical malpractice defenses:
if I test him now and he's positive, it'll make me look bad
What? He actually said that?
Yep. He said the quiet part out loud. I wonder how many guys are thinking it.
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@George-K said in Hey George - tell me about medical malpractice defenses:
@jon-nyc said in Hey George - tell me about medical malpractice defenses:
if I test him now and he's positive, it'll make me look bad
What? He actually said that?
Yep. He said the quiet part out loud. I wonder how many guys are thinking it.