Wednesday, July 14, 2010

Docs and Attorneys: Fear Whistleblowing on Colleagues

There's an attorney in Seattle that has a sickening public file at WSBA yet his colleagues won;t come forward to see that he is disbarred. Even a judge coached him during a trial because he was so incompetent. This is only one example and the same goes for prosecutors and judges.

In health care it is often the same, not just for docs but other health professions too.

I'm still waiting for a nurse to be investigated from a whistleblower complaint by WSNA, but she's so cozy with that group that WSNA and WA state refuse to act. So I guess putting patients at risk, insurance fraud, and falsifying medical records is quite ok in Washington.

Reading this article takes me back to how I learned the importance of integrity from my doctor father.

In the 50s he told me about a group of his medical colleagues who had set up a group to monitor the members. These doctors had ethics and integrity, and they cared about their fellow physicians. They all agreed to confront a colleague if their was any concern.

Sure was real-time peer-review if you ask me.

All were AMA members.

Maybe now AMA needs to bring this back into vogue.

Certainly the health professions need to do so as well. And attorneys too!

Docs don't blow whistle on colleagues
By CARLA K. JOHNSON, AP Medical Writer

July 13, CHICAGO – Your doctor could be drunk, addicted to drugs or outright incompetent, but other physicians may not blow the whistle.

A new survey finds that many American physicians fail to report troubled colleagues to authorities, believing that someone else will take care of it, that nothing will happen if they act or that they could be targeted for retribution.

A surprising 17 percent of the doctors surveyed had direct, personal knowledge of an impaired or incompetent physician in their workplaces, said the study's lead author, Catherine DesRoches of Harvard Medical School.

One-third of those doctors had not reported the matter to authorities such as hospital officials or state medical boards. The findings, appearing in Wednesday's Journal of the American Medical Association, are based on a 2009 survey of 1,891 practicing U.S. doctors.

Reporting a problem doctor can trigger important changes. Twenty-one years ago, a colleague smelled alcohol on a young physician's breath and anonymously reported him to the head of the residency program. A now-sober Dr. A. Clark Gaither is grateful.

"I wish I knew who reported me," Gaither said. "I'd like to give them a big ol' hug and thank them for saving my life."

Programs exist for retraining doctors with weak skills and getting addicted ones into treatment. But the survey results suggest doctors are not confident in the system, DesRoches said.

The American Medical Association and other professional groups say doctors have an ethical obligation to make such reports. And many states require doctors to tell authorities about colleagues who endanger patients because of alcoholism, drug abuse or mental illness.

Despite that, many doctors do not know what to do or where to start, DesRoches said.

In an accompanying editorial, one ethics expert called the findings "jarring."

"I don't think there's any excuse for less than 100 percent of physicians holding true to these ideals," said Dr. Matthew Wynia, director of the AMA Institute for Ethics.

He called for better protections for whistleblowers and more education for doctors on how to report a colleague.

The survey did not specify the type or severity of the impairment or incompetence, asking: "In the last three years, have you had direct, personal knowledge of a physician who was impaired or incompetent to practice medicine in your hospital, group, or practice?"

Most states have programs that not only get doctors into treatment but also advise their colleagues how to intervene. Most will keep reports anonymous. Some use the threat of medical board sanction to persuade doctors to go to rehab.

For Gaither, the first confrontation with concerned colleagues was in medical school. He reassured his fellow students he was fine. Even the second confrontation, from the program head who had heard the report of Gaither's alcohol-scented breath, did not take. Gaither signed a contract promising to stay sober, go to Alcoholics Anonymous meetings and submit to testing.

"I went home and drank that night," he said. "I was thinking with an addicted brain, and I was an alcoholic."

Finally, a third confrontation and the temporary loss of his training license forced Gaither into what he calls "a state of surrender." With help from the North Carolina Physicians Health Program, he got into a residential rehab program.

His last drink was Jan. 21, 1990. Gaither, now 55, finished his residency and became a family doctor. He practices in Goldsboro, N.C., where he started a free mobile clinic for the uninsured.

In 2002, the North Carolina Academy of Family Physicians named him Physician of the Year. He thanked AA and all the colleagues who confronted him and supported him in his acceptance speech.

He now urges others to report what they know. "It is our duty," he said.

Dr. Warren Pendergast runs the North Carolina program, which cooperates with the state medical society and state disciplinary board. About 200 doctors a year are referred for alcoholism, drug addiction, anger-management problems and depression.

Ninety percent of addicted doctors who've been through the program remain clean and sober five years after treatment, Pendergast said.

"They're motivated. They have a lot to lose," he said. Their reputations and careers depend on their participation in treatment. Colleagues of troubled doctors "can feel comfortable getting peers help rather than sticking their head in the sand," he said.

Gaither, who speaks publicly about the program, said doctors worry that their troubled colleagues will lose their licenses and livelihoods if reported.

"I ask them, 'Would it be better if they lost their money, their marriage, their home, their cars, their license and then their life?'" he said. "Does that sound better than getting them the help that they need?"

Online: JAMA: http://jama.ama-assn.org

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