The way forward is not via the roads of the past

Opioid Epidemic Greatly Exaggerated?

Why is there such media hysteria about a heroin crisis? Because the numbers have not gotten higher so much as whiter.

http://www.alternet.org/drugs/opioid-epidemic-greatly-exaggerated

Brian C. Bennett Drug Charts  This link takes you to dozens of charts that demonstrates that in the “larger picture” the abuse of various substances has been greatly exaggerated and inflated by the bureaucracy and the media. When did the media become part of our society’s “morality police” and stopped reporting the news/truth and started reporting their opinions ? The media has always had editors that have expressed their opinions, but they were labeled as such.

Last week, when Michael Walker of Beckley, West Virginia, read in his local paper that high-potency heroin—or opioids sold as or cut with heroin—caused an outbreak of 27 overdoses in just four hours in the nearby city of Huntington, he thought of his 19-year-old son, Matthew, who has been off of opiates for three months, the longest he’s been without the drug in years.

“I know it’s early for Matthew, and what a struggle it still is,” said Walker, 42, a white working-class dad. “A lot of people call this a problem, but it’s an epidemic,” he said, while describing the situation in West Virginia.

West Virginia ranks No. 1 in the nation for overdose fatalities. Pill mills churning out OxyContin addicted many in Walker’s hometown, including his son. Once the dirty doctors were kicked out of town and the pill supply ran dry, Walker said his son turned to heroin. “You could walk down the street and knock on someone’s door, and there heroin was,” he said. 

Situations like the one in West Virginia sound off the opioid epidemic siren. Both local and national news carry its echo across the country, citing each outbreak as the relentless continuation of an ongoing drug crisis—one that’s described as having crept out of the so called inner-city and into affluent suburbs and rural towns, causing premature death en masse among the white population. Ask someone like Walker—middle-aged, working class, who is up on current events about opiates and heroin—and they’ll tell you how dire things are.  

But researchers at Rice University’s Baker Institute for Public Policy in Houston, Texas, say government data do not reflect what the media and politicians have said about the magnitude of the epidemic. 

The Baker Institute’s newly released Brian C. Bennett Drug Charts use data collected by the University of Michigan’s Monitoring The Future survey, along with the National Survey on Drug Use and Health, to chart drug-using trends over a span of 40 years. The charts deliver a bird’s-eye view of drug use in America and a counter-narrative to the opioid epidemic. 

Along with the charts—which we’ll get to—Rice University released a policy brief written by William Martin and Katherine Neill, both doctoral fellows in drug policy at Rice. “These charts,” they write, “caution against uncritically accepting alarming announcements of drug abuse epidemics by media, politicians, religious leaders, law enforcement agencies, drug treatment facilities, voluntary associations, or others with real or opportunistic reasons to sound the klaxon.”

Brian C. Bennett is a former military intelligence analyst who uses data to destruct drug war rhetoric. For years, he’s been a thorn in the side of many drug prohibitionists—mainly because his encyclopedic catalog of drug-using trends poke holes in what he calls prohibitionist fear-mongering. Like the time Los Angeles Police Chief Daryl Gates, who founded the DARE drug education program, said that “casual drug users should be taken out and shot.” 

That would be a lot of people dead in the streets. Many people identify as regular drug users each year, and the number of people who call themselves a “frequent-user” remains stable, despite screams that drug use is on the rise.  

In reference to cocaine users, which the LAPD targeted during the ’80s crack epidemic, the authors of the policy brief write, “It is clear that not all use is abuse and that most people who get into trouble with the drug recover from it, many on their own without treatment, participation in a 12-step recovery program, or relapse.” Rarely will you hear law enforcement speak of cocaine use in such plain terms. But that’s what the data show. 

The Fix reached out to Bennett to discuss his newly released charts, and how the numbers behind the opiate crisis paint a less frightening picture.  

Bennett’s charts appear counterintuitive if you’ve been watching the news. For instance, they show heroin use has remained stable between 1979 and 2014. Though there was a jump to 914,000 heroin users from 681,000 between 2013 and 2014, he asks his audience to keep in mind the size of the U.S. population ages 12 and older, which in 2014 was over 265 million. 

Because the charts are scaled to the U.S. population at large, such fluctuations look like flat lines—“insignificant in the big picture when charted,” he said.

Click to enlarge.

The same can be applied to painkillers like OxyContin, says Bennett. In 2014, the number of people who reported using painkillers for “nonmedical use” in the past month was 5.1 million. Martin and Neill, the authors of the policy brief, write, “This is not a small number of potentially problematic users, but it is a small segment of the U.S. population—1.6 percent of those age 12 and older.” 

Bennett told The Fix that, “When looking at pills, the past year use numbers have been declining a bit.” But if you get your information from, say, the Partnership for Drug-Free Kids, who wield a budget of $88.4 million dedicated solely to keeping kids off drugs, they’ll tell you painkiller use is on the rise. 

“There was a brief spike in the use of [painkillers] in the 2009 and 2010 estimates,” said Bennett. But he adds that ad hoc reports exaggerate these upticks. “This helps illustrate an important point concerning reporting of these numbers: the tendency is to cherry pick the numbers to paint the worst possible picture. That is why it is so important to consider the complete data sets when discussing these issues.“

Click to enlarge.

Since the number of heroin users has not spiked dramatically over the years, then what about mortality rates? After all, the CDC reported a record number of drug overdoses—47,055—in 2014. 

“If you compare the number of deaths to the number of [heroin] users, you find that not many of them are actually dying,” said Bennett. Again, the data backs him up: around 900,000 people reported using heroin in 2014 but only 10,574 of them died. That amounts to only 1.16 percent of heroin users dying from the drug. 

“The claim of ‘record numbers’ of deaths may be accurate—but rather insignificant in the big picture,” Bennett said. 

“Let us consider the total number of deaths,” he continued. “In 2014, there were 2,626,418 deaths. Thus the ‘epidemic’ of opioid deaths is greatly exaggerated, and constitutes a mere 0.6 percent of all deaths.” For some context, Bennett said to look to the infant mortality rate, which is currently 582 per 100,000 live births. 

But such statements fly in the face of people like Walker in West Virginia, and many others who have lost loved ones to overdose. “The people that are on the front lines see the hurt and the utter devastation that this is causing,” he said, adding that the people in power could care less about the state of affairs in West Virginia. 

Martin and Neill acknowledge the data do indeed reflect Walker’s experience. “Midwest regions near the Appalachian Mountains have higher levels of problematic opioid use than other parts of the country,” they write, noting West Virginia has the highest rate in the country, at 35.5 per 100,000. To this, they attribute economic insecurity as one of the major culprits driving up overdose rates. 

But Bennett says local data and anecdotal experiences must not trump the “big picture,” especially when it comes to making sensible policy reforms. What do those reforms look like for Bennett? “Let people get drugs of known dose and purity—via pharmacies for chemical compounds, and via the tobacco/alcohol model for naturally occurring forms of intoxicants,” like mushrooms, peyote, or opium, he said. 

As for why there has been exaggeration about the opioid problem, the researchers at Rice say it has to do with who is now affected by opioids. “To put it bluntly, White Lives Matter,” they write.

The CDC has been tracking the recent demographic shift in opiate use. In 2000, black Americans aged 45-64 were the dominant opiate users. Within the last decade, the largest group of opiate users became whites aged 18-25. Because 90 percent of new heroin users—like Walker’s son—are white, the researchers say it is seen as a public health problem deserving of our attention.

And still, heroin use remains a big problem in minority communities, especially where economic and social resources are scarce. 

“Ultimately, the blame for the hysteria lies squarely at the feet of the government agencies for describing their findings the way they do, and the media parrots who do nothing but pass it along unchallenged—or worse, further exaggerate and magnify the hysteria,” said Bennett.

The team at Rice insists an accurate picture of drug use in America will lead to better policy. “Policies that can deal effectively with these complex problems must build on a foundation of accurate data, not fear and stereotypes.”

“The way forward is not via the roads of the past,” said Bennett.

Meanwhile, all Walker says he can do for his son is pray. Walker wants to become an activist and voice for change, but he says people in his community have not been willing to give him a platform. “They don’t want to hear it,” he said.

illicitly manufactured fentanyl is “flooding” the USA market

CDC: Fentanyl Urgent Public Health Prob

www.painnewsnetwork.org/stories/2016/8/26/cdc-fentanyl-an-urgent-public-health-problem

Who believes that the alphabet soup of federal agencies will change their direction of believing that legal opiate prescribing  is the major/direct cause of opiate addiction/abuse ? Maybe this information will force the DEA and others in law enforcement to change their enforcement focus. Maybe it will be a moment of ENLIGHTENMENT to politicians/bureaucrats that trying to “cure” those suffering from the mental health disease of addictive personality disorder is just making all of the increased numbers of substance abuse centers a revolving door and creating a “golden goose” for those for profit entities.  Maybe we will follow the lead of other countries and treat substance abuse like other mental health issue and you treat/maintain… you cannot cure… Doing this will cause the drug cartels to have few customers… it will shred their business plan.. they will have to find another illicit business plan to make money.

As a society, we try to use the same/similar puritanical thread in our societal fabric to “cure” those who are in LGBTQ community.. Another failure of that 17th century mindset that persist within some in our society.  No longer on our society’s radar is the ONE MILLION attempted suicide and 50,000 that succeed every year.. we are likewise oblivious to the > 500,000 deaths every year from the use/abuse of the two drugs Nicotine/Alcohol.

Maybe one day the “morality police” will come to the conclusion that there are some within our society that are or will get into a  “death spiral”  and try as we may… they can’t be saved from crashing.

By Pat Anson, Editor

The Centers for Disease Control and Prevention is finally acknowledging that the U.S. has a fentanyl problem that is growing worse by the day. And that more people are dying in some states from overdoses of illicit fentanyl than from prescription opioids.

“An urgent, collaborative public health and law enforcement response is needed to address the increasing problem of IMF (illicitly manufactured fentanyl) and fentanyl deaths,” CDC researcher Matthew Gladden, PhD, said in the agency’s Morbidity and Mortality Weekly Report.  

Fentanyl is a synthetic opioid 50 to 100 times more potent than morphine. It is prescribed legally in patches and lozenges to treat chronic pain, but in recent years there has been a surge in overdoses linked to illicit fentanyl obtained on the black market, where it is often mixed with heroin.

In a new analysis of opioid overdoses in 27 states, the CDC identified eight “high burden” states where fentanyl overdoses sharply increased, even though fentanyl prescriptions were relatively stable.

Those states are Massachusetts, Maine, New Hampshire, Ohio, Florida, Kentucky, Maryland and North Carolina.

In six of the eight states, the CDC said fentanyl was the “primary driver” of synthetic opioid deaths – meaning they outnumbered overdoses from legal synthetic opioids. That is a major concession by the agency, which has long maintained that prescription opioids were primarily responsible for the nation’s so-called opioid epidemic.

The data analyzed was from 2013 and 2014. More recent reports from several states indicate the fentanyl problem has significantly worsened. The DEA recently reported the U.S. is being “inundated” with counterfeit prescription drugs made with fentanyl.  

“This finding coupled with the strong correlation between fentanyl submissions (laboratory tests) and fentanyl-involved overdose deaths observed in Ohio and Florida and supported by this report likely indicate the problem of IMF is rapidly expanding,” Gladden wrote. “Recent (2016) seizures of large numbers of counterfeit pills containing IMF indicate that states where persons commonly use diverted prescription pills, including opioid pain relievers, might begin to experience increases in fentanyl deaths because many counterfeit pills are deceptively sold as and hard to distinguish from diverted opioid pain relievers.”

The CDC hasn’t been completely silent about the fentanyl problem. In October 2015 the agency issued a health advisory to public health departments, healthcare providers and medical examiners to be on the alert for fentanyl overdoses.  Warnings to the public, however, have been scarce as the agency focused instead on controversial guidelines that discourage doctors from prescribing opioids for chronic pain.

Even the U.S. Surgeon General appears to be neglecting the fentanyl problem. This week Surgeon General Vivek Murthy, MD, said he would be sending letters to over two million physicians urging them to follow the CDC guidelines and pledge to safely prescribe opioids. Nowhere in the letter or on a website promoting the “Turn the Tide” campaign is fentanyl even mentioned.  

Critics of opioid prescribing have long maintained that opioid pain medication is often a gateway drug to heroin and other illicit substances, but recent research indicates that is not true.

“Although the majority of current heroin users report having used prescription opioids non-medically before they initiated heroin use, heroin use among people who use prescription opioids for non-medical reasons is rare, and the transition to heroin use appears to occur at a low rate,” researchers reported in the New England Journal of Medicine.

Another recent study of military veterans found there was no significant link between heroin use and legally prescribed opioids or chronic pain.

Further compounding the problem is that some heroin and fentanyl deaths are falsely reported as overdoses from opioid pain medication due to inadequate or nonexistent toxicology tests.

Patient Abandonment

Patient Abandonment

http://www.thehealthlawfirm.com/resources/health-law-articles-and-documents/Patient-Abandonment.html

Home Health Care
______________

Law Manual

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
An Aspen Publication
Aspen Publishers, Inc.
Gaitherburg, Maryland
1996  Patient Abandonment

Introduction

The relationship that exists between a physician and patient, or between other types of health care providers and the client, continues until it is terminated with the consent of both parties.  A patient having health needs, especially a patient who is disabled or feeble, may be dependant on the home health professional.  The patient has the right to expect that he or she will have access to the services he or she needs until receiving proper notice to the contrary and, preferably, until a substitute is provided.

Such a relationship can be terminated by the patient at any time.  The patient has the freedom to choose his or her health care providers.  However, the physician, nurse, or home health provider may also withdraw from the case as long as it is done properly and the patient is not harmed by this action.

The premature termination of medical treatment is often the subject of a legal cause of action known as “abandonment.”  Abandonment is defined as the unilateral termination of a physician-patient or health professional-patient relationship by the health care provider without proper notice to the patient when there is still the necessity of continuing medical attention. [1]

Elements of the Cause of Action for Abandonment

Each of the following five elements must be present for a patient to have a proper civil cause of action for the tort of abandonment:

1. Health care treatment was unreasonably discontinued.

2. The termination of health care was contrary to the patient’s will or without the patient’s knowledge.

3. The health care provider failed to arrange for care by another appropriate skilled health care provider.

4. The health care provider should have reasonably foreseen that harm to the patient would arise from the termination of the care (proximate cause).

5. The patient actually suffered harm or loss as a result of the discontinuance of care.

Physicians, nurses, and other health care professionals have an ethical, as well as a legal, duty to avoid abandonment of patients.  The health care professional has a duty to give his or her patient all necessary attention as long as the case required it and should not leave the patient in a critical stage without giving reasonable notice or making suitable arrangements for the attendance of another. [2]

Abandonment by the Physician

When a physician undertakes treatment of a patient, treatment must continue until the patient’s circumstances no longer warrant the treatment, the physician and the patient mutually consent to end the treatment by that physician, or the patient discharges the physician.  Moreover, the physician may unilaterally terminate the relationship and withdraw from treating that patient only if he or she provides the patient proper notice of his or her intent to withdraw and an opportunity to obtain proper substitute care.

In the home health setting, the physician-patient relationship does not terminate merely because a patient’s care shifts in its location from the hospital to the home.  If the patient continues to need medical services, supervised health care, therapy, or other home health services, the attending physician should ensure that he or she was properly discharged his or her-duties to the patient.  Virtually every situation ‘in which home care is approved by Medicare, Medicaid, or an insurer will be one in which the patient’s ‘needs for care have continued.  The physician-patient relationship that existed in the hospital will continue unless it has been formally terminated by notice to the patient and a reasonable attempt to refer the patient to another appropriate physician. Otherwise, the physician will retain his or her duty toward the patient when the patient is discharged from the hospital to the home.  Failure to follow through on the part of the physician will constitute the tort of abandonment if the patient is injured as a result.  This abandonment may expose the physician, the hospital, and the home health agency to liability for the tort of abandonment.

The attending physician in the hospital should ensure that a proper referral is made to a physician who will be responsible for the home health patient’s care while it is being delivered by the home health provider, unless the physician intends to continue to supervise that home care personally.  Even more important, if the hospital-based physician arranges to have the patient’s care assumed by another physician, the patient must fully understand this change, and it should be carefully documented.

As supported by case law, the types of actions that will lead to liability for abandonment of a patient will include:

• premature discharge of the patient by the physician
• failure of the physician to provide proper instructions before discharging the patient
• the statement by the physician to the patient that the physician will no longer treat the patient
• refusal of the physician to respond to calls or to further attend the patient
• the physician’s leaving the patient after surgery or failing to follow up on postsurgical care. [3]

Generally, abandonment does not occur if the physician responsible for the patient arranges for a substitute physician to take his or her place.  This change may occur because of vacations, relocation of the physician, illness, distance from the patient’s home, or retirement of the physician.  As long as care by an appropriately trained physician, sufficiently knowledgeable of the patient’s special conditions, if any, has been arranged, the courts will usually not find that abandonment has occurred. [4]  Even where a patient refuses to pay for the care or is unable to pay for the care, the physician is not at liberty to terminate the relationship unilaterally.  The physician must still take steps to have the patient’s care assumed by another [5] or to give a sufficiently reasonable period of time to locate another prior to ceasing to provide care.

Although most of the cases discussed concern the physician-patient relationship, as pointed out previously, the same principles apply to all health care providers.  Furthermore, because the care rendered by the home health agency is provided pursuant to a physician’s plan of care, even if the patient sued the physician for abandonment because of the actions (or inactions of the home health agency’s staff), the physician may seek indemnification from the home health provider. [6]

ABANDONMENT BY THE NURSE OR HOME HEALTH AGENCY

Similar principles to those that apply to physicians apply to the home health professional and the home health provider.  A home health agency, as the direct provider of care to the homebound patient, may be held to the same legal obligation and duty to deliver care that addresses the patient’s needs as is the physician.  Furthermore, there may be both a legal and an ethical obligation to continue delivering care, if the patient has no alternatives.  An ethical obligation may still exist to the patient even though the home health provider has fulfilled all legal obligations. [7]

When a home health provider furnishes treatment to a patient, the duty to continue providing care to the patient is a duty owed by the agency itself and not by the individual professional who may be the employee or the contractor of the agency.  The home health provider does not have a duty to continue providing the same nurse, therapist, or aide to the patient throughout the course of treatment, so long as the provider continues to use appropriate, competent personnel to administer the course of treatment consistently with the plan of care.  From the perspective of patient satisfaction and continuity of care, it may be in the best interests of the home health provider to attempt to provide the same individual practitioner to the patient.  The development of a personal relationship with the provider’s personnel may improve communications and a greater degree of trust and compliance on the part of the patient.  It should help to alleviate many of the problems that arise in the health care’ setting.

If the patient requests replacement of a particular nurse, therapist, technician, or home health aide, the home health provider still has a duty to provide care to the patient, unless the patient also specifically states he or she no longer desires the provider’s service.  Home health agency supervisors should always follow up on such patient requests to determine the reasons regarding the dismissal, to detect “problem” employees, and to ensure no incident has taken place that might give rise to liability.  The home health agency should continue providing care to the patient until definitively told not to do so by the patient.

COPING WITH THE ABUSIVE PATIENT

Home health provider personnel may occasionally encounter an abusive patient.  This abuse mayor may not be a result of the medical condition for which the care is being provided.  Personal safety of the individual health care provider should be paramount.  Should the patient pose a physical danger to the individual, he or she should leave the premises immediately.  The provider should document in the medical record the facts surrounding the inability to complete the treatment for that visit as objectively as possible.  Management personnel should inform supervisory personnel at the home health provider and should complete an internal incident report.  If it appears that a criminal act has taken place, such as a physical assault, attempted rape, or other such act, this act should be reported immediately to local law enforcement agencies.  The home care provider should also immediately notify both the patient and the physician that the provider will terminate its relationship with the patient and that an alternative provider for these services should be obtained.

Other less serious circumstances may, nevertheless, lead the home health provider to determine that it should terminate its relationship with a particular patient.  Examples may include particularly abusive patients, patients who solicit -the home health provider professional to break the law (for example, by providing illegal drugs or providing non-covered services and equipment and billing them as something else), or consistently noncompliant patients.  Once treatment is undertaken, however, the home health provider is usually obliged to continue providing services until the patient has had a reasonable opportunity to obtain a substitute provider.  The same principles apply to failure of a patient to pay for the services or equipment provided.

As health care professionals, HHA personnel should have training on how to handle the difficult patient responsibly.  Arguments or emotional comments should be avoided.  If it becomes clear that a certain provider and patient are not likely to be compatible, a substitute provider should be tried.  Should it appear that the problem lies with the patient and that it is necessary for the HHA to terminate its relationship with the patient, the following seven steps should be taken:

1. The circumstances should be documented in the patient’s record.
2. The home health provider should give or send a letter to the patient explaining the circumstances surrounding the termination of care.
3. The letter should be sent by certified mail, return receipt requested, or other measures to document patient receipt of the letter.  A copy of the letter should be placed in the patient’s record.
4. If possible, the patient should be given a certain period of time to obtain replacement care.  Usually 30 days is sufficient.
5. If the patient has a life-threatening condition or a medical condition that might deteriorate in the absence of continuing care, this condition should be clearly stated in the letter.  The necessity of the patient’s obtaining replacement home health care should be emphasized.
6. The patient should be informed of the location of the nearest hospital emergency department.  The patient should be told to either go to the nearest hospital emergency department in case of a medical emergency or to call the local emergency number for ambulance transportation.
7. A copy of the letter should be sent to the patient’s attending physician via certified mail, return receipt requested.

These steps should not be undertaken lightly.  Before such steps are taken, the patient’s case should be thoroughly discussed with the home health provider’s risk manager, legal counsel, medical director, and the patient’s attending physician.

The inappropriate discharge of a patient from health care coverage by the home health provider, whether because of termination of entitlement, inability to pay, or other reasons, may also lead to liability for the tort of abandonment. [8]

Nurses who passively stand by and observe negligence by a physician or anyone else will personally become accountable to the patient who is injured as a result of that negligence ….  [H]ealthcare facilities and their nursing staff owe an independent duty to patients beyond the duty owed by physicians.  When a physician’s order to discharge is inappropriate, the nurses will be help liable for following an order that they knew or should know is below the standard of care. [9]

Similar principles may apply to make the home health provider vicariously liable, as well.

Liability to the patient for the tort of abandonment may also result from the home health care professional’s failure to observe, examine, assess, or monitor a patient’s condition. [10]  Liability for abandonment may arise from failing to take timely action, as well as failing to summon a physician when a physician is needed. [11]  Failing to provide adequate staff to meet the patient’s needs may also constitute abandonment on the part of the HHA. [12]  Ignoring a patient’s complaints and failing to follow a physician’s orders may likewise constitute a tort of abandonment for a nurse or other professional staff member.

Contact Experienced Health Law Attorneys.

The Health Law Firm routinely represents physicians, nurses, home health care professional and other health providers in investigations, regulatory matters, patient abandonment, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

 
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

1.  Lee v. Dewbre, 362 S.W.2d 900 (Tex. Civ. App. 7th Dist. 1962).
2.  Kattsetos v. Nolan, 368 A.2d 172 (Conn. 1976).
3.  61 AM. Jur. 2d, Physicians and Surgeons § 237 (1981).
4.  See, e.g., Tripp v. Pate, 271 S.E.2d 407 (N.C. App. 1980).
5.  Ricks v. Budge, 64 P.2d 208 (Utah 1937).
6.  M.D. Nathanson, Home Healthcare Answer Book:  Legal Issues for Providers 212 (1995).
7.  See, generally, E.P. Burnzeig, The Nurse’s Liability for Malpractice (1981).
8.  Sheryl Feutz-Harter, Nursing Caselaw Update:  In appropriate Discharging of Patients, 2 J. Nursing L. 49 (1995).
9.  Id., 53.
10.  See, e.g., Pisel v. Stamford Hosp., 430 A.2d1 (Conn. 1980) (nurses were held liable for failing to monitor the condition of a patient).
11.   See, e.g., Sanchez v. Bay General Hosp., 172 Cal. Rptr. 342 (Cal. App. 1981); Valdez v. Lyman-Roberts Hosp., Inc. 638 S.W. 2d 111 (Tex. 1982).
12. Czubinsky v. Doctors Hosp., 188 CAl. Rptr. 685 (1983).
 
 
Tag Words: patient abandonment, defense attorney, defense lawyer, Florida defense attorney, Florida defense lawyer, physicians, doctors, patient,  health care provider, home health provider, nurse, home health care professional, Home Health Agency (HHA)
 

Florida Supreme Court allows lawsuit against doctor for patient’s suicide

PHOTO BY MARIONBRUN VIA PIXABAYFlorida Supreme Court allows lawsuit against doctor for patient’s suicide

http://www.orlandoweekly.com/Blogs/archives/2016/08/26/florida-supreme-court-allows-lawsuit-against-doctor-for-patients-suicide

Nearly eight years after a Sarasota County woman committed suicide, the Florida Supreme Court said Thursday her husband can pursue a lawsuit against a physician about care provided before her death.

Justices unanimously ruled that the case should go to trial, upholding a 2014 decision by the 2nd District Court of Appeal.

The ruling was a victory for the husband of Jacqueline Granicz, a 55-year-old woman who had a history of depression and hanged herself in a garage in October 2008. The husband, Robert Granicz, filed a medical-malpractice lawsuit alleging that Jacqueline Granicz’s primary-care physician, Joseph Chirillo, breached a “duty of care” resulting in the suicide, the ruling said.

A circuit judge ruled in favor of Chirillo on a motion for summary judgment, finding that the doctor “did not have a duty to prevent the unforeseeable suicide,” the Supreme Court ruling said. But the appeals court and the Supreme Court disagreed with the circuit judge on the duty of care.

“The decedent in this case was an outpatient of Dr. Chirillo’s. Therefore, under Florida law, there was no duty to prevent her suicide,” said the ruling, written by Justice Peggy Quince and joined fully by Chief Justice Jorge Labarga and justices Barbara Pariente, R. Fred Lewis and James E.C. Perry. “However, the nonexistence of one specific type of duty does not mean that Dr. Chirillo owed the decedent no duty at all. … Although the inpatient duty to prevent suicide does not apply here, there still existed a statutory duty … to treat the decedent in accordance with the standard of care. We find that the Second District (Court of Appeal) properly evaluated the … case based on the statutory duty owed to the decedent and also properly classified the foreseeability of the decedent’s suicide as a matter of fact for the jury to decide in determining proximate cause.”

Justices Charles Canady and Ricky Polston agreed with the result but did not sign on to the opinion, which sent the case back to circuit court with instructions to move forward with a trial.

Jacqueline Granicz called the doctor’s office on Oct. 8, 2008, reporting that she was under mental strain, crying easily and having gastrointestinal problems, the ruling said. After learning about the call from an assistant, Chirillo decided to change Granicz’s antidepressant medication and refer her to a gastroenterologist.

The doctor’s office called Granicz and told her she could pick up samples of the medication and a prescription but did not schedule an appointment with the doctor. Granicz picked up the items but was found dead the next day.

 

My Story: What About Our Rights?

My Story: What About Our Rights?

My Story: What About Our Rights?

nationalpainreport.com/my-story-what-about-our-rights-8830709.html

By Douglas Marsh

I believe that one of the worst things that our wonderful government has done is target a group like the chronic pain community. For the most part, we are a group of people who at one time in our lives were active and very productive members of society, then one day our lives as we knew them all ended. Now we sit at home blogging and talking on social media about all the injustices we are experiencing. Their outright blatant attacks against all of us and the doctors who treat us with opiates have created an entire demographic of people who are been openly and publicly discriminated against by pharmacies, doctors, nurses, public interest groups, politicians, government agencies and the national news media. This has all been an unforgivable violation of our human and civil rights by our government and the news networks media icons like Anderson Cooper.

It’s our duty as the oppressed to stand up for ourselves and make our voices heard. Medgar Evers, Malcolm X and Dr. Martin Luther King opened the door for everyone’s civil rights and then others like Harvey Milk extended the fight for other groups. Every single one of these people fought against not only the odds, but also public opinion.

The Civil Rights movement of the late 50s through the mid to late 60s ended up becoming the Rainbow Coalition under the leadership of Reverend Jesse Jackson. This group became a very important player in the nation’s elections.

 

These are just a couple of examples how an oppressed and discriminated against group can become very important in the election process. This is why and how we should make our points to the elected officials and those campaigning for their offices.

The day will come when the Chronic Pain Community will be a deciding factor in the election process of State and Federal government officials. It has become our responsibility to create our own future by not just casting our votes, but by becoming a force to be reckoned with. I am putting a call out to all my pain riddled brothers and sisters to contact every candidate running for offices in your area, both new and incumbents. Ask them the questions that are important to us as a community like the legalization of Marijuana and the fair treatment and humane treatment of pain suffers with the use of opiates. Find out and share the answers to these questions on social media and the National Pain Report to let our fellow pain suffers know who should be our candidates.

Believe it or not, a day will come when our actions and influence will become huge in determining who will be elected. A day will come when our opinions will be asked on the National News on who the Chronic Pain Community is going to endorse in elections. Finally, the day will come when real funds are given for proper research and development of safe drugs and therapies for treating and eradicating Chronic and Disabling pain.

This movement could decide a new mindset and also change a lot of ways that business in the United States is conducted, just as the Rainbow Movement did with AIDS research and the Civil Rights Movement did with corprate hiring and voting rights among minorities. Just maybe we could change work place safety procedures to avoid accidents and injuries along with more in-depth medical training to further avoid errors and failed medical procedures.

I am truly sorry to make this a history lesson, and I do know that I can be very long winded at times. But I honestly believe that if all this is done in the same ways that these other movements were done, our cause just may open the nation’s eyes to the discrimination that every single one of us has experienced.

Douglas Marsh is a 50 years old pain patient who lives in southwest Louisiana. He and his wife Pam recently celebrated their 11th anniversary. He just joined the US Pain Foundation and is looking to become a much active advocate for pain patients.

Ohio sheriff indicted on 43 counts, including 38 felonies

https://youtu.be/dm6xexu_wJY?t=3m32s

Ohio sheriff indicted on 43 counts, including 38 felonies

Sheriff running for reelection

http://www.wlwt.com/news/ohio-sheriff-indicted-on-43-counts-including-38-felonies/41346780

FREMONT, Ohio (AP) —An Ohio sheriff who is up for re-election this fall has been arrested on charges that he stole medications from prescription drug disposal drop boxes, deceived doctors into giving him painkillers and misused department funds.

A grand jury indicted Sandusky County Sheriff Kyle Overmyer on six felony charges in a 43-count indictment released Tuesday night.

Overmyer, 42, turned himself in and was being held in jail. His arraignment was set for Wednesday afternoon. Court records didn’t indicate if he has an attorney.

Overmyer easily won the county’s Republican primary for sheriff in March even though it was known then that he was under investigation. He said before the primary that the investigation was politically motivated.

The Ohio Bureau of Criminal Investigation began investigating the two-term sheriff nearly a year ago. The probe started after police chiefs in the county said it was odd that Overmyer had been collecting prescription pills from drop boxes, several media outlets reported.

Overmyer told The News-Messenger in Fremont in January that he collected the pills to promote better communication between area law enforcement agencies. He also said that he had done nothing wrong and that he passed a drug test conducted by state investigators.

According to the indictment, he deceived physicians and pharmacists to obtain prescription pain medication, including Percocet, Hydrocodone and Oxycodone. He’s also accused of misusing department money and tampering with records. The theft-in-office charges cover a period from 2009-2016, the indictment shows.

Overmyer was 34 when he was appointed sheriff in Sandusky County, which is about 40 miles southeast of Toledo, after the death of the former sheriff.

CVS: Our pharmacists are empowered to refuse to fill prescriptions they feel are not being used for legitimate medical purposes

Fighting Opioid Abuse with Technology

https://cvshealth.com/content/fighting-opioid-abuse-technology-0

According to this press release from CVS.. there Pharmacist only have to have A FEELING… that a Rx is not for a legit use… they don’t need REAL FACTS… so OPIOPHOBIC PHARMACISTS are able to use their personal feelings, biases, phobias to deny care to legit pts.

Much has been written about prescription opioid abuse, and with good reason – it has reached epidemic proportions in the United States. One of the biggest challenges associated with opioid abuse is ensuring that patients with a legitimate need for the medications can access them, while preventing those who abuse or divert the drugs from obtaining them.

With a national spotlight on the problem, public awareness continues to grow. A recent survey by CVS Health shows the public agrees that pharmacists can help reduce prescription drug abuse by using their knowledge and professional judgment. In fact, pharmacists from across our enterprise are trained in identifying patients who are at risk for abuse or inappropriate use of controlled substances. Our pharmacists are empowered to refuse to fill prescriptions they feel are not being used for legitimate medical purposes.

Technology can also help. Prescription drug monitoring programs (PDMPs) are statewide electronic databases that gather information from pharmacies on prescriptions for controlled substances, including opioids, that have been dispensed. They allow both pharmacists and prescribers to review prescription histories for signs of abuse or diversion, and can help prevent unnecessary prescriptions from being written in the first place. The data can also provide a useful starting point for getting patients who are struggling with prescription drug abuse on the path to treatment for addiction.

While PDMP technology is currently available in 49 states, its scope is somewhat limited. For example, providers can only see information for the state in which they practice, not for all states where a patient may have been prescribed medication. And although PDMPs have been identified by the White House Office of National Drug Control Policy as an important tool in fighting prescription drug abuse, utilization rates are suboptimal. Health care professionals are not required to review PDMP information, and the process of accessing data is time-consuming, leading many to skip this step altogether1.  

CVS Health is working at the federal and state level to implement policy changes to curb prescription drug abuse. Our recommendations include:

  • Mandatory utilization of Prescription Drug Monitoring Program (PDMP) data at the point of prescribing would require prescribers to review the patient’s pharmacy prescription history, showing the prescriber whether the patient is doctor shopping (using more than one prescriber to obtain controlled substance prescriptions).
  • PDMP data pushed directly to the prescriber’s e-prescribing device would give the provider instant access to the patient’s history before deciding whether the medication is for a legitimate medical purpose.
  • PDMP interoperability across state lines would allow prescribers full visibility into patient prescription fill patterns and reduce or eliminate doctor and pharmacy shopping that occurs across state lines. PDMPs can currently share data across state lines in 22 of the 49 programs.
  • E-prescribing for controlled substances has proven to be effective in reducing drug diversion and fraud.
  • Daily PDMP data submission from pharmacies to the state database will ensure that each database is accurate and encourage use by reducing lag time between updates.

CVS Health is fully committed to the fight against prescription drug abuse, and has been actively engaging members of the health care community in robust discussions about the issue.

Learn more about what we’re doing to address this national crisis.

Veteran Kills Himself in Parking Lot of V.A. Hospital on Long Island

overtheedgeVeteran Kills Himself in Parking Lot of V.A. Hospital on Long Island

www.nytimes.com/2016/08/25/nyregion/veteran-kills-himself-in-parking-lot-of-va-hospital-on-long-island.html?smid=fb-nytimes&smtyp=cur

A 76-year-old veteran committed suicide on Sunday in the parking lot of the Northport Veterans Affairs Medical Center on Long Island, where he had been a patient, according to the Suffolk County Police Department.

Peter A. Kaisen, of Islip, was pronounced dead after he shot himself outside Building 92, the nursing home at the medical center.

The hospital is part of the Veterans Affairs medical system, the nation’s largest integrated health care organization, which has been under scrutiny since 2014, when the department confirmed that numerous patients had died awaiting treatment at a V.A. hospital in Phoenix. Officials there had tried to cover up long waiting times for 1,700 veterans seeking medical care. A study released by the Government Accountability Office in April indicated that the system had yet to fix its scheduling problems.

Why Mr. Kaisen decided to end his life was not immediately known, but two people connected to the hospital who spoke on the condition of anonymity because they were not authorized to discuss his death said that he had been frustrated that he was unable to see an emergency-room physician for reasons related to his mental health. “He went to the E.R. and was denied service,” one of the people, who currently works at the hospital, said. “And then he went to his car and shot himself.”

The worker questioned why Mr. Kaisen had not been referred to the hospital’s Building 64, its mental health center. The staff member said that while there was normally no psychologist at the ready in the E.R., one was always on call, and that the mental health building was open “24/7.”

“Someone dropped the ball,” the worker said. “They should not have turned him away.”

Christopher Goodman, a spokesman for the hospital, said that there “was no indication that he presented to the E.R. prior to the incident.” It is unclear if any official record was made of a visit by Mr. Kaisen.

Mr. Goodman said “the employees here at Northport feel this loss deeply and extend their thoughts and prayers to all those impacted by this tragedy.”

Mr. Kaisen’s family declined to comment.

Lt. Kevin Beyrer, a Suffolk County detective, said that the F.B.I. was carrying out the investigation into Mr. Kaisen’s death because it had occurred on federal property. He said that the V.A. police had called the county police on Sunday at 12:32 p.m. and that it appeared that Mr. Kaisen had been alone at the time of his death.

The Northport hospital has been under scrutiny for mismanagement and poor care since The New York Times reported in May that it had closed all five of its operating rooms for months after sand-size black particles began falling from air ducts. The office of Representative Lee Zeldin, a Republican whose First Congressional District is on Long Island, had been looking into the allegations, Eric Amidon, Mr. Zeldin’s chief of staff, said in an email to The Times in June.

Jennifer DiSiena, Mr. Zeldin’s communications director, said on Wednesday that his office was trying to confirm the details of Mr. Kaisen’s death and “piece everything together.”

Correction: August 25, 2016
An earlier version of this article referred incorrectly to the First Congressional District of New York. It is on Long Island but does not include Northport.

CVS Specialty Pharmacy is the absolute worst Pharmacy I have been involved with since becoming Ill

cvshealthsignCVS Specialty Pharmacy is the absolute worst Pharmacy I have been involved with since becoming Ill

http://www.newsmandan.net/my-journey-with-msa—blog/came-up-short-on-the-drug-for-controlling-my-ortho-static-hypotension

Ortho-static Hypotension is a sudden drop of blood pressure from a known or unknown reason causing the pt to become anywhere from dizzy to a temporary black out.. causing the pt to collapse and putting them at risk of numerous possible injuries… depending what their body hits on the way down to the FLOOR.  Less severe cases will happen when a person suddenly changes positions… like getting up from a seated to standing position

I have had a difficult week mainly due to the inept people at CVS Specialty Pharmacy.  Because I can only receive a 30-day shipment at a time, I am reliant on CVS to call and arrange a shipment when I am down to 5-6 days of supply.
This is the third month I have had to get on the phone with the pharmacy reps at CVS and then with Northera to work on having another 30-day supply shipped.
I contacted CVS but did not receive a response, all operators were busy, I left a message.
After I had spoken to the Northera representative, they were going to call CVS and then call me back. You can guess this one, I did not receive a call back from Northera. With three days left I spread the Northera over 7 days. I take six tablets 3 x’s a day. I cut it back to 4 tabs 3 x’s a day. Missing those six pills a day sent my OH into steep dives. One minute I was working in the garage, next minute I am on the floor wiped out, BP was 70/50.
I recovered and started watching television. Around midafternoon I had a second episode. Lucky I was in a sitting position. I should have remained seated.  I knew there was a problem so I decided to go to my room and lay down. I lasted for 5 steps and went down, crashing to the floor.  The second episode in less than two hours was a marked change compared to  previous episodes of OH (Orthostatic Hypotension) that I have experienced. This evolution of OH was new to me. It came on fast and lasted longer than the current episodes.
Last Monday I had to overcome similar OH episodes and again Tuesday thru Thursday. I was also experiencing serious balance issues and fell twice this week. Compare that to zero falls in the previous 4 months. The lower dosage was not helping me. Finally Thursday night Northera made arrangements to ship a 15 day supply over night to my home. I specifically asked the representative to not require a signature. Unfortunately they did not follow my request and required the UPS driver to get a signature.  So at 10:05 AM the UPS driver rang the door bell waited 10 seconds,  stuck a sorry we missed you post-it note on my door and drove away. It takes me 10 seconds just to convince my body to rise and walk. After all my brother is 70 years old. After several calls to the UPS Service line my medicine finally arrived at 8:30 PM Thursday night. Not in time to save me from two more bouts with OH. I did start regular dosing Friday morning.  I have had OH issues Friday, Saturday and again today. Today’s episode was minor compared to the other seven days.
I still do not understand what is going on with CVS Specialty Pharmacy’s handling of my prescription of Northera going forward. I am hoping that they switch it over to Walgreen’s Specialty Pharmacy as I hear they take care of their customers much better.

Dan

Horror stories don’t create good laws… but.. they do create laws.

Cincinnati responds to 30 heroin overdoses in one day

http://local12.com/news/hooked-on-heroin/district-3-police-respond-to-20-heroin-overdoses-in-one-day

Obama’s first chief of staff Rahm Emanuel.. that this philosophy of how you could get done within the legislative process.

“Things that we had postponed for too long, that were long-term, are now immediate and must be dealt with. This crisis provides the opportunity for us to do things that you could not do before.”

Maybe I have not seen it… but.. I have not seen much of the DEA/law enforcement having press releases on much of this Heroin/Fentanyl mixture that has been confiscated and the people involved with its distribution arrested.  Likewise there has been little public announcements of oral doses/tablets of Fentanyl being sold on the street.  Keep in mind.. there is no legal commercially available oral Fentanyl doses made in the USA.

There is another old saying within legislative circles….“Horror stories don’t make good laws… but… they do cause laws to be passed”

Is someone… some entity..  putting these two philosophies together to create some larger agenda.  On one hand we have various states that are making Naloxone – up until now can only be purchased by prescription – to be mostly purchased as a over the counter medication.  We have guidelines to restrict/limit the amount of opiates that someone suffering from documented chronic pain… but.. the number of time that a individual is revived with Naloxone is unlimited and – as a society – we provide little/no mental health therapy after a person is revived… and the failure rate of those that do get therapy is a high percentage.  It would seem to be like a revolving door and like a virtual ATM for those who operate rehab facilities.

Those with addictive personalities are suffering from a chronic disease… but.. like chronic pain.. our society does not seem to provide long term therapy… just short term fixes. Our “boat” is LEAKING and we are trying to plug the holes with  CHEWING GUM ?

CINCINNATI (WKRC) – Cincinnati emergency crews responded to 30 heroin overdoses in the course of one day Tuesday, August 23.

Officials said most of the overdoses were located in the west side of Cincinnati. The Cincinnati Police Department said in a statement Tuesday evening they were not sure of the exact cause of the increase yet. They warned anyone who may be using dangerous drugs to be aware of the increased danger.

Three people overdosed in one house and one man overdosed while driving through an intersection. Another overdosed with his child in the car at a gas station. Fire crews worked quickly to save as many lives as they could.

The Cincinnati Police Department was working to identify the commonalities in the overdoses in an effort to find the source of the dangerous drug being circulated.

The problem continues to plague cities across the country. In Charleston, West Virginia 26 people OD’d in four hours. All of them were revived. The same couldn’t be said for the Akron area. In a three-week span in July 2016, 173 people overdosed. Sixteen of them died.

The scary part was that it was not just heroin that was causing the deaths. The uptick in overdoses was being linked to a drug that was used to tranquilize elephants called carfentanil. Most people have no idea it’s mixed in with other drugs. Carfentanil is 100 times as powerful as fentanyl which killed hundreds in the Tri-State area in 2015.

Narcan no longer brings everyone back to life.

The coroner said about it earlier in August, “Bottom line, this would be a good time to get clean. Be a great time to get clean and stay clean. Because we are really afraid of what we are coming up against here.”

It was too early to tell if the spike in overdoses Tuesday night, August 23, had anything to do with carfentanil. But, it was found in several places throughout the city of Cincinnati in early August 2016.

Anyone with information that could be helpful to the investigation is asked to call Crime Stoppers at 352-3040.