How Beneficiaries Really Feel About Medicare Advantage vs Traditional Medicare

How Beneficiaries Really Feel About Medicare Advantage vs Traditional Medicare

MA plans offer “extra benefits” but many go unused. Is Medicare Advantage really better?

https://www.medpagetoday.com/special-reports/features/108846

Survey results released today contradict widely-held beliefs that Medicare Advantage enrollees are more satisfied because they receive better health services than those in traditional Medicare.

On the contrary, respondents in the two types of Medicare plans reported equal satisfaction, although more Medicare Advantage (MA) enrollees than traditional Medicare (TM) beneficiaries said their care was delayed because of the need for prior approval. This trend sheds light on potential considerations for those exploring Medicare Advantage plans 2024.

The reportopens in a new tab or window by The Commonwealth Fund analyzed responses from 3,280 Medicare beneficiaries between November 6, 2023, and January 4 in an effort to learn “What Do Medicare Beneficiaries Value About their Coverage?” Those surveyed gave their opinions on the ease of their access to benefits, care coordination, services, and satisfaction.

“Overall, the experiences seem to be similar for those in traditional Medicare versus Medicare Advantage, with some notable exceptions,” Gretchen Jacobson, PhD, vice president of Commonwealth’s Medicare program, told MedPage Today.

The comparison of beneficiary experiences in each model is important because roughly half, or 52% of 66 million eligible people, are now enrolled in MA plans, to which federal funds pay billions more than for TM care. In 2024, for example, MA plans are expected to receive $88 billionopens in a new tab or window more than what would have been spent if the same people were in TM.

Although there are efforts underway to contain that spending through new payment policiesopens in a new tab or window, MA enrollment is projected to continue rapid growth. So it’s important that taxpayers understand what they’re getting for all that extra money.

A perhaps surprising finding of the survey was MA enrollees’ relatively low use of their “extra benefits,” such as vision, hearing, and dental care, considering that plans aggressively market these benefits to encourage signups. Jacobson noted that Medicare pays the plans $1,915 a year per enrollee for these benefits, according to the 2023 annual reportopens in a new tab or window from the Medicare trust funds’ trustees. These extras are not covered under TM.

For example, 31% of MA enrollees hadn’t used any of their benefits in the last 12 months, 58% hadn’t used dental benefits, 59% hadn’t used vision benefits, 93% hadn’t used hearing benefits, 81% hadn’t used the gym membership, and 54% hadn’t used their over-the-counter medication allowance. Other benefits such as meal delivery and an allowance for groceries may be less frequently offered by the plans, but 98% and 88%, respectively, said they hadn’t used them.

“Because this is an important component of what Medicare Advantage plans are offering, we need to understand better why they aren’t using them, and whether these are the benefits people really want,” she said.

For those who hadn’t used any benefits, 63% of respondents said they didn’t need them, 24% said they didn’t know what benefits the plans offered, 9% said the benefits were hard to use, and 4% said the costs were too high.

Some underlying reasons for the low rates of use, not specified in the report, could be because of restrictions. Perhaps the networks or setting one would have to use — for example, a group of dentists — excludes one who has long served the family. But it also might be because enrollees don’t know about them or forgot about them, despite the ubiquitous advertisingopens in a new tab or window that prominently pitches them.

A CMS proposed ruleopens in a new tab or window would, if finalized, require MA plans to send mid-year notices to enrollees about any unused benefits, to “ensure MA plans are better stewards of the rebate dollars directed towards these benefits,” the proposed rule says.

A big selling point for MA plans is that their providers cooperate within carefully picked integrated networks and coordinate care far better than providers who treat TM beneficiaries.

But here, the survey responses revealed another contradiction. Regardless of whether they had an MA or a TM plan, about an equal number of respondents said they coordinate their healthcare services themselves: 75% in MA and 73% in TM.

Some 7% of people on MA said their plan helps to coordinate their care, Jacobson said. “It seems as though the plans are certainly not the primary care coordinator for most Medicare Advantage enrollees.”

Jacobson acknowledged that MA plan providers might be coordinating their patients’ care in ways enrollees aren’t aware. “But from the beneficiaries’ perspective, they don’t see their plan having a large role in coordinating care.”

Another counterintuitive finding is that a similar percentage of MA and TM respondents said they waited more than one month to see a doctor (36% and 34%), perhaps suggesting that MA enrollees do not get faster access for appointments. “Access to providers seems to be similar, which is counter to some thoughts around the limitations around provider networks,” Jacobson said.

Of the MA plan respondents, 22% said their care was delayed because it required approval, compared with 13% of TM beneficiaries. Far fewer services under TM require pre-approval compared with MA, so it was unclear why so many TM beneficiaries encountered obstacles.

Another surprise was that a larger share of people in MA said they had problems affording care compared with people in TM, “which is contrary to how we typically think of Medicare Advantage,” Jacobson said. “It doesn’t appear that Medicare Advantage plans are necessarily making care more affordable for people.”

Similar percentages of the two beneficiary groups also said their benefits do not cover what they needed, that they were unsure of what benefits they had, that costs were too high, and that they need transportation to access benefits.

Jacobson noted that if Medicare pays more per capita to MA plans than for TM care, it results in higher Part B premiums to all beneficiaries, regardless of what type of plan they’re in. Most frequently, the premium is paid through an amount withheld from their social security retirement benefit checks.

Another finding of note evaluated health risk assessments both types of Medicare patients received in the last year. Of those who received them, few said it caused their doctor to change their care or led to more services or benefits. Only 6% of both MA and TM beneficiaries said their doctor changed their care plan as a result.

“This really calls into question the value that these assessments are providing to beneficiaries and what frequency it’s important to have them,” Jacobson said.

Asked if the survey responses may raise questions about whether MA plans are worth their extra cost, Jacobson replied: “What our survey shows is that the experiences people report seem to be similar overall for those in Medicare Advantage versus traditional Medicare.”

That, she said, makes it “worth assessing the relative value of care and benefits people in Medicare Advantage and traditional Medicare are receiving relative to the amount spent by the federal government. This is worth keeping an eye on as enrollment in Medicare Advantage grows.”

Because it’s well known that Medicare recipients are frequently confused over what kind of coverage they have, the plan type was verified through Zoom calls in which respondents showed their plan card.

 

COPS AND COURTS PRACTICING MEDICINE ” …OH MY…”

 

CHIEF JUSTICE JOHN ROBERTS….OH MY…

COPS PRACTICING MEDICINE: THE PARALLEL HISTORIES OF DRUG WAR 1 AND DRUG WAR ll (EXCERPTS)

 

Section 1306.04(a) “prohibit[s] a pharmacist from filling a prescription for a controlled substance when she either knows or has reason to know that the prescription was not written for a legitimate medical purpose.” WHEN IT COMES TO THE WHITE HOUSE WHERE WAS/IS THE DEA????

The probe concluded that the White House Medical Unit’s pharmacy operations had “severe and systemic problems” without oversight, and dispensed prescription medications to ineligible White House staff.”

 

WHITE HOUSE MEDICAL UNIT’S MASS ORDER OF FENTANYL RAISES QUESTIONS: “NOW, WHERE WAS THE DEA…IN THIS US. CODE 842(a)(1), U.S.C. /829, SECTION 1306.04(a) VIOLATION PROHIBITION OVER-PRESCRIBING AND DRUG TRAFFICKING PUNISHABLE 20 YRS PRISON??”

 

SENATORS DEMAND ATTORNEY GENERAL GARLAND TO “END PREDICTIVE POLICING”

THE TERMINATOR

 

U.S. LEGISLATORS LETTER OF INQUIRY AND REVIEW DEMANDING AG MERRICK GARLAND HALT ALL PREDICTIVE POLICING INVESTIGATIONS UNDERMINES AND DEMONSTRATES DR. TIM KING’S COURT TESTIMONY AND DEA ANN MILGRAM’S MONEYBALLING ARE FRAUDULENT

 

ATTY RONALD CHAPMAN SPEAKS: THE SERIOUS FLAWED TESTIMONY OF DOJ-DEA EXPERT DR. TIMOTHY KING: United States Supreme Court Justice Justice Potter Stewart in US vs Moore, 1975 ” it bothers me that this kind of evidence can send a person to prison”

JUSTICE POTTER STEWART, 1975 US vs. Moore
““…And is it not true that historically, most, if not all, of the great breakthroughs and advances in medical science have been made by people who did not follow the conventional way of doing things? They followed a new way, their way, and most of the conventional physicians of their day would have disagreed with them because this is not the way it has always been done. And if that is the new — it bothers me that this kind of evidence can send a person to prison for as long as this has been going, some many, many years, but in any event, that that is the sort of evidence that is the basis for criminal liability…”

PHYSICIAN DEFENSE ATTY RONALD CHAPMAN

ATTY. RONALD CHAPMAN SPEAKS: AUDIO HISTORY OF NARCOTIC LAWS AND PROSECUTIONS, TRIAL OF DR. KENDALL HANSEN MD., “THE LESSONS MISSING THAT GIVES RISE TO THE FLAWED CREDIBILITY OF BOTH ERIC DETER AND DR. TIMOTHY KING, MD.”

 

Bob Sheerin – Everyone always talks quietly about so here it is

Bob and I became friends after someone convinced me to join the APDF’s BOD, some 4-5 yrs ago. Bob has very good intentions. Like many other chronic painers who are also advocates, many practitioners have built-in biases about taking advice about pain management from someone who does not have a medical background.  Often they are viewed as supporting prescribing a controlled substance and/or advocating against some of the medications that are prescribed off-label for pain. While Bob’s batting average is not a 1000 on advocating for chronic pain pts, no one’s is. Because of Bob, there is a large number of end-stage pediatric cancer pts who had a less painful last few days/weeks/months of their life and parents who did not have to see their kids live in agony the last days/weeks/months and they had many “extra days” with their kid.

 

https://m.facebook.com/story.php?story_fbid=pfbid02FctV3nSsuPBKtFcKxEtAB4iCjmDcVAEMc6GaNfuR8StgA9hHLT7azdUeC7mDYGe9l&id=100000102313523&mibextid=Nif5oz

Everyone always talks quietly about so here it is 🤣
Several years ago several great advocates helped me at my lowest point in life! I had a medtronics pain pump before they were popular out of pure pure desperation! A man named Steve Ariens & a other wonderful lady named Maria Higginbotham didn’t judge me … Didn’t tell me what a POS I was and offered to help me! I watched Maria on nightline with Lester Holt and Kate Snow and was in awe of this brave lady dumping her surgical parts on the table infront of the world on live TV.. I spent my and my family’s life saving on lawyers and courts! I won and lost the case 5 times! I was sentenced to 109 weeks in county jail for driving with a pain pump even know Medtronics admitted pump recalls and failures! I did 12 weeks and the appeals court redid my sentence to 0 jail time and the supreme court of KY ruled “NO Tolerance!” The local judge took pity on me and didn’t make me serve the rest of the time on my sentences! The pump was replaced and they made me go to 1 year of alcohol classes even know I didn’t drink 🤣 and I didn’t take oral medications at the time and frustration was not the word I’d use! Everytime I was booked in the county jail Friday I was released on Sunday at 6pm 🤣! Hints the 50 mugshots 🤣! I never really talked about it before except with family and friends. All the charges have been expunged and my license has been restored and my insurance is again affordable! Life changing to say the least and I’ve never felt so damn alone! I had doctors and a great pharmacist in my corner with a really expensive lawyer 🤣! So when it was all said and done I brushed myself off and opened the pumpsters on Yahoo with other advocates to help others that needed help! Later the pain pump support group Medtronics and Flowonix. Later burned my hand cooking catfish and met a little girl named Kaylee at the 11th floor @ Vanderbilt burn Center in Nashville who was severely burned who changed my life! Her daddy sprayed charcoal starter fluid on the burn pile and lite them both up.. Dad was having a few beers on his mower and they both caught fire and dad was arrested! Mom was by herself while they were stripping skin to get burn medication on her burn. The child was screaming and I through a damn fit! Sheesh I burnt my hand and it hurt like a summabitch and I couldn’t imagine the burn on my chest and thighs like little Kaylee 🥲! My mom and daughter had to sit in the car because no one was allowed in Vanderbilt because of covid! Anyways long story short my fit turned into a passion to help kids in pain and I figured I owed a little because of the advocates that helped me! Her dad was sentenced to 2 years in prison and the lawyer we paid at APDF paid off the house with the money that was awarded to the momma for settlement for not treating Kaylee while treating her for burns! So never the less I’m far from a Saint 🤣! Not even a little bit! Matter of fact I’m a good friend to many but kind of an asshole as well 🤣! I started out being ashamed and embarrassed and many advocates stepped up for me! So no I didn’t start the program it kinda started me and my advocacy! Today I deal with blood cancer and back surgeries, knees, shoulder, and have wonderful advocates that I call my family and would do anything for! I don’t condone drunk anything and even advocated for several inmates as yall who followed me can see 🤣!What I do know is not everyone who gets in trouble isnt a bad guy! I do know that today’s pain world makes us all a little criminal 🤣 and it’s definitely because of the goverments actions and real advocates & Doctors know exactly what I mean! Although I didn’t deserve the sentence I received I took it as a learning process and I’ve never hid it from anyone who asked and even asked a big advocate for help who posted my mug shot all over the internet 🤣! I take responsibility for everything in my life failures and big wins! They say things happen for a reason and what happened to me lead to alot of damn people getting the help that they need.. I don’t always win and can’t help everyone but I have always done my best! That’s my story and I’m sticking to it 🤣 Anyways I have heard alot of rumors and I sometimes wish they weren’t true 🤣 but most are! 🤣 Today I’m proud of my past and what I plan for the future! The only apologies I owed was to my family for not listening when they said I was acting funny on new pump medication while my pump was starting and stopping at its convenience! It has never bothered me until recently when I hear folks say stuff like don’t trust that guy because he’s a jail bird & those kids are probably made up 🤣! I rather them thank Steve Ariens or Maria Higginbotham for getting me pissed off enough to do something about it! 🥰🥰🥰 I’m sure most don’t know my story or really know me at all! I’m just a farm owner from Cerritos, California Via KY with 4 kids 35b 32g 16g 13g and several grandkids that make me happy! I do travel alot and go where I’m needed thanks to APDF and the awesome staff that helped me survive and asked me to help the charity! Anyways I hope I put the rumors to bed finally and I’ve hoped I’ve earned trust and respect for doing what I love to do! Total income from APDF Charity $0.00 in 5 long years and many many kids and adults!

Why your prescription costs SO DAMN MUCH

Most of the “facts” in this video are true. One false statement – the top 4-5 PBM are now owned by the larger insurance companies. The PBM industry was created from a UAW union contract in late 1969 when they wanted a more standardized way for union members to submit their Rx receipts for reimbursement of Rxs that they had paid for.  Somewhere between then and now, these PBMs became licensed insurance companies.

Back in the 1940s, Congress gave insurance companies an exemption to the Sherman Antitrust Act https://en.wikipedia.org/wiki/McCarran%E2%80%93Ferguson_Act.  Back in the day, the DOJ told pharmacies they could not create an entity to negotiate reimbursements from a PBM, that was “price fixing”.

At one time, the PBM contracts with Pharmacies PROHIBITED pharmacies from telling pts if their cash price was less than the copay their PBM wanted them to pay, if the pt asked if the pharmacy’s cash price was less than the PBM copay, the pharmacist was allowed to tell the pt the true about the cash price that the pt could pay.  During the Trump administration either Trump did an EO or Congress passed a law that made it illegal for such clauses to be in the PBM contract.

Actually, it was our Congress that gave the PBMs the idea of getting kickbacks, discounts, and rebates. In the early 70s, Congress decided that because the Feds spent so much on medications on Medicaid Rxs. The Federal government deserved a 10% discount/rebate/kickback from the pharmas for any Rx paid for by Medicaid.

It would appear that since the insurance/PBM industry has one of the largest pots of money to lobby Congress, it would seem that all that money spread around Congress, that industry gets Congress to give them what they want.

Is the profession of pharmacy going thru an identity crisis?

It has been almost 60 years since I pursued a pharmacy degree. That is almost 3 generations ago.  Only one out of 5-6 freshmen declared pharmacy majors at Butler U, made it to graduation, and only ONE out of my class failed to pass the “boards” on the first attempt. Back 10-15 yrs ago, pharmacy schools were getting 5-6 applications for every open pharmacy school slot.

I have heard that pharmacy schools are now accepting 90% of applicants and looking at the graduation rates. It would appear that only 1 out of 2 applications make graduation and 20% – 25% of the grads won’t pass the boards on the first attempt.

Back in the day, the number of pharmacy schools was in the low 80’s, today there are 144 schools. Indiana had 2 pharmacy schools – Butler U & Purdue U and today a third pharmacy school Manchester U.

In the articles below on the percentage of grads that passed the NAPLEX boards on the first attempt. Only Butler U – my alma mater – showed up in the top 12 of the percentage of grads passed on the first attempt.

Will pts benefit from all these changes or end up being more poorly taken care of? Only time will tell.

Pharmacies are struggling to refill their own ranks

https://www.axios.com/2024/02/06/pharmacy-staffing-shortage-burnout

The big picture: There’s been a steady drop in applications to pharmacy schools, falling 64% from nearly 100,000 in 2012 to about 36,000 in 2022, according to the American Association of Colleges of Pharmacy.

In 2022, there were 13,323 graduates from four-year pharmacy programs, down from 14,223 the previous year and the largest drop since 1983, per AACP data.

Top 15 pharmacy schools by NAPLEX pass rates

https://www.beckershospitalreview.com/pharmacy/top-15-pharmacy-schools-by-naplex-pass-rates.html

The average all-time pass rate of the North American Pharmacist Licensure Examination was 75.7% in 2023 — a slight increase from the year prior, according to data from the National Association of Boards of Pharmacy.

In 2021, the first-time pass rate was 81.3%, and subsequent years have dropped to about 77%. For all-time passes, 2021 recorded 77.3%, 2022 saw 73.9% and 2023 saw 75.7%.

Top 20 pharmacy schools by NAPLEX pass rates

https://www.beckershospitalreview.com/pharmacy/top-20-pharmacy-schools-by-naplex-passing-rates.html

 

Looking in the rear view mirror: The Land That Made Me, Me

The Land That Made Me, Me

https://allpoetry.com/poem/5128425-The-Land-That-Made-Me–Me-by-windian

Long ago and far away,
In a land that time forgot,
Before the days of Dylan,
Or the dawn of Camelot.

There lived a race of innocents,
And they were you and me,
Long ago and far away
In the Land That Made Me, Me.

Oh, there was truth and goodness
In that land where we were born,
Where navels were for oranges,
And Peyton Place was porn.

For Ike was in the White House,
And Hoss was on TV,
And God was in His heaven
In the Land That Made Me, Me.

We learned to gut a muffler,
We washed our hair at dawn,
We spread our crinolines to dry
In circles on the lawn.

And they could hear us coming
All the way to Tennessee,
All starched and sprayed and rumbling
In the Land That Made Me, Me.

We longed for love and romance,
And waited for the prince,
And Eddie Fisher married Liz,
And no one’s seen him since.

We danced to “Little Darlin”,
And Sang to “Stagger Lee”
And cried for Buddy Holly
In the Land That Made Me, Me.

Only girls wore earrings then,
And three was one too many,
And only boys wore flat-top cuts,
Except for Jean McKinney.

And only in our wildest dreams
Did we expect to see
A boy named George with Lipstick,
In the Land That Made Me, Me.

We fell for Frankie Avalon,
Annette was oh, so nice,
And when they made a movie,
They never made it twice.

We didn’t have a Star Trek Five,
Or Psycho Two and Three,
Or Rocky-Rambo Twenty
In the Land That Made Me, Me.

Miss Kitty had a heart of gold,
And Chester had a limp,
And Reagan was a Democrat
Whose co-star was a chimp.

We had a Mr Wizard,
But not a Mr. T,
And Oprah couldn’t talk, yet
In the Land That Made Me, Me.

We had our share of heroes,
We never thought they’d go,
At least not Bobby Darin,
Or Marilyn Monroe.

For youth was still eternal,
And life was yet to be,
And Elvis was forever,
In the Land That Made Me, Me.

We’d never seen the rock band
That was Grateful to be Dead,
And Airplanes weren’t named Jefferson,
And Zeppelins weren’t Led.

And Beatles lived in gardens then,
And Monkees in a tree,
Madonna was a virgin
In the Land That Made Me, Me.

We’d never heard of Microwaves,
Or telephones in cars,
And babies might be bottle-fed,
But they weren’t grown in jars.

And pumping iron got wrinkles out,
And “gay” meant fancy-free,
And dorms were never coed
In the Land That Made Me, Me.

We hadn’t seen enough of jets
To talk about the lag,
And microchips were what was left at
The bottom of the bag.

And Hardware was a box of nails,
And bytes came from a flea,
And rocket ships were fiction
In the Land That Made Me, Me.

Buicks came with portholes,
And side shows came with freaks,
And bathing suits came big enough
To cover both your cheeks.

And Coke came just in bottles,
And skirts came to the knee,
And Castro came to power
In the Land That Made Me, Me.

We had no Crest with Fluoride,
We had no Hill Street Blues,
We all wore superstructure bras
Designed by Howard Hughes.

We had no patterned pantyhose
Or Lipton herbal tea
Or prime-time ads for condoms
In the Land That Made Me, Me.

There were no golden arches,
No Perriers to chill,
And fish were not called Wanda,
And cats were not called Bill.

And middle-aged was thirty-five
And old was forty-three,
And ancient was our parents
In the Land That Made Me, Me.

But all things have a season,
Or so we’ve heard them say,
And now instead of Maybelline
We swear by Retin-A.

And they send us invitations
To join AARP,
We’ve come a long way, baby,
From the Land That Made Me, Me.

So now we face a brave new world
In slightly larger jeans,
And wonder why they’re using
Smaller print in magazines.

And we tell our children’s children
Of the way it used to be,
Long ago, and far away
In the Land That Made Me, Me.

JUST ONE BAD EXAMPLE of the expert witnesses that federal prosecutors hire

A Snake Takes the Stand

https://www.daily-remedy.com/a-snake-takes-the-stand/

Watch out for Snakes… In the Grass and the Courtroom

An article I read in The Expert Witness Newsletter (it’s a thing), reported that a 13-year-old girl was bitten on her foot by a rattlesnake one night just after 8 pm. Her father killed the snake and took a picture, which is always smart, and brought the snake to the ER, which is usually not that smart. The picture shows that the snake still had its head, and, as any herpetologist will tell you, they can bite reflexively even after they are “dead.”

For what it’s worth, I did the same thing with a copperhead as a child, sending my elderly neighbor into a personal best sprint when I held it out. I, in fact, have the rare honor of having been bitten by three out of four of America’s poisonous snakes, copperheads, water moccasins, and rattlesnakes. Growing up in rural Arkansas has more disadvantages than you might think. I’m still watching for a coral snake, so I’ll have a full set, but since that’s a neurotoxin instead of a blood toxin, I’m in no hurry.

This young girl was seen at the ER within an hour, and her foot showed a little swelling and quite wide fang marks, meaning it was a big snake. The hospital had a snake bite protocol, and they completed a Snakebite Severity Score (SSS), which I always hear as a hissing sound, and it shows the following.  Pulmonary (0), Cardiovascular (0), Pain/Swelling/Ecchymosis<7.5-50cm (2), GI(0), Hematological (0) due to a completely normal set of labs at 9:24 pm, and CNS was 0. According to the CroFab decision tree, 3 or less means no antivenom, so with a score of 2, none was given. She developed some paresthesia of the toes, which took her to a 3. Still, no antivenom was indicated. The ER physician ordered a repeat CBC, BMP, and coagulation panel, which showed a thrombocytopenia of 88 thou/cu mm (150-450) and fibrinogen 179mg/dL (200-393) at 11:39 pm.

This bumped her up above 3, and antivenom was ordered at 11:50 pm, and infused at 29 minutes after midnight. The patient was transferred to a pediatric medical center, where the swelling and redness worsened initially and then improved. Now, the fun has started.  The family had wanted the ER doctor to give the CroFab immediately in the first place, despite the SSS score, and blamed the girl’s lingering symptoms on the wait. The hospital wrote off the bill, which, with the CroFab having cost almost $70,000, was not inconsiderable, but this was not enough. An out-of-state ER “expert” was asked to write an opinion, and he said that after reviewing the medical and billing records, he had determined that the patient’s lingering symptoms were the result of the delay in giving the antivenom saying, among much else, “the only cure for envenomation is antivenom.”

As an ER physician and frequent target of snake bites, I can tell you this is not true. The other cure for envenomation is time; it worked for me. What used to be called “Tincture of Time” is often ignored today as medical science advances, but weighing the risks and benefits of therapy sometimes makes doing nothing the best option at that point. Watchful waiting, as we used to say. Medications have consequences, and for CroFab, these include, among many others, irregular heartbeat, severe swelling, difficulty breathing, chest pain, bone pain, back pain, weight loss, and black tarry stools. The expert went on to opine, “Immediate administration of antivenom was necessary for once she exhibited signs of envenomation. To not immediately administer antivenom is negligent and falls below the standard of care for an emergency medicine physician.”

The ER doctor and hospital argued that they had followed established protocols, and this swayed the first court to throw out the lawsuit. The appellate court, however, reversed, saying that the guidelines followed did not negate the possibility that adherence to the guidelines posed an extreme risk of harm. This decision was appealed to the state’s Supreme Court. The American College of Emergency Physicians filed an amicus brief in support of the ER doctor’s decision and reversed the appellate court, dismissing the case.

This brings us back to the “expert” witness claiming that the standard of care was to give the Crofab immediately. Why would they make this claim when ER textbooks and CME say otherwise? The answer is simple. Because they are paid to do so. These experts are coached by civil and criminal attorneys to say whatever is necessary to convince a jury. But can’t we just pull up the “true” standard of care? The answer is that we cannot because US courts have become convinced that the standard of care resides only in the experts’ opinions.

In fact, here is what one expert said under oath as he helped send an 81-year-old physician, Dr. William Bauer, to years in prison. “…the standard of care is a compilation of peer-reviewed articles, position papers, white papers, guidelines published by the government, by professional agencies, and in compendium as those various observations, recommendations and scientific knowledge are brought together, that defines the standard of care in terms of how we practice. So it is not something one can go to a book and Google standard of care and find out what it was for 2017, let’s say, or whatever date we might choose. It would have to be put forth and compiled by somebody like me.”

And there you have it. According to the paid court experts, the standard of care is not to be found in the definitive textbooks like Tintinalli’s Emergency Medicine for the ER doctor, or the Principles and Practice of Pain Medicine by Bajwa, Wooten, and Warfield, which compile and correlate the collected wisdom and experience of hundreds of physicians who are experts in the treatment of pain. No, it can only be determined after the fact, by the paid experts. But where can we go to sit at the feet of these oracles of medical brilliance to know the standards and practice them? To avoid prosecution and ensure the best outcome for our patients? Nowhere. You will only know the standard of care when someone smacks you with it in court.

This would mean that there is no true standard of care. Everything is relative, and whatever you can convince a jury of is the “truth” without regard to evidence-based science. How did we get here? Just like the now discredited bite mark and bullet spectroscopic analysis experts, It started when US courts first ruled expert medical testimony admissible in the early 1800s. At that time, the experts were drawn from medical practitioners whose standing was renowned among their peers. Now, there is an entire industry devoted to expert testimony, and while practicing doctors are held to almost impossible standards, expert witnesses, many of whom no longer practice much clinical medicine, are not held to any true standards at all.

They can make the most outrageous claims to a medically naïve jury as if these claims were fact when they are, in truth, contrary to every textbook and evidence-based medical opinion. Let me give you an example. To earn his 125,000+ pieces of silver against Dr. Bauer, the expert for the prosecution, told the jury that there was a “lifetime cumulative dose of steroids” that Dr. Bauer had exceeded. When challenged, he could only quote one source in Korea for this “fact.” He attacked the use of trigger point steroid injections, saying there was a “general feeling “ that they should not be used. Implying that their use was essentially fraud.

But the witness didn’t stop there; he went on to say that “Steroids are like opioids for the most part” because “…opioids and steroids will make you feel good…” and that opiate medication should not be used in women of “child-bearing age…” Implying that they cause birth problems and “addictiveness” in the child. This is a powerful appeal to emotion, essentially saying that a callous physician is harming children. Claims like these should be held up to a very high level of scrutiny or, more appropriately, banned from the courtroom completely unless they are proven to be a true consensus opinion. And not just that of a single or even a few “experts.”

But can’t the defense just hire its own experts? Not in Dr. Bauer’s case. Several of the most prominent physician experts on pain and addiction who were willing to testify for the defense had their offices raided, and assets seized prior to the recent purge of physicians treating those conditions. Some were prosecuted while others were just left in limbo, terrified every day that the sword would fall, absolutely petrified to testify for any defendant, and risk angering the gods of federal law enforcement.

Others were brave enough to show up for Dr. Bauer. About a dozen, in fact. Physicians, pharmacists, and scientists. All were disqualified by the court. Apparently, they weren’t “expert” enough. Can’t we just hire this expert for the defense, you might ask? No. Like almost all of these professional medical experts, they will only testify for the prosecution. This expert, by his own sworn admission, has NEVER testified for the defense. That’s not where the real money is, apparently. He has made millions of dollars convincing juries to send his colleagues to prison for daring to practice medicine in a manner that the DEA doesn’t think is right. I’m still searching, but to date, I can find no example of this particular “expert” disagreeing with the prosecutors in any meaningful way. Not even once. But I’ll keep looking.