Blog 9

Good Questions for Your Good Health

http://www.npsf.org/askme3/pdfs/Patient_Eng.pdf

The AHRQ tool I chose this week talks about questions you should ask every time you talk to a doctor, nurse, or pharmacist. These questions are:

· When to ask questions?

o You see your doctor, nurse, or pharmacist.

o You prepare for a medical test or procedure.

o You get your medicine.

· What if I ask and still understand?

o Let your doctor, nurse, or pharmacist know if you still don’t understand what you need to do.

o You might say, “This is new to me. Will you please explain that to me one more time?”

· Who needs to ask 3?

o Everyone wants help with health information. You are not alone if you find things confusing at times. Asking questions helps you understand how to stay well or to get better.

This tool was designed to help any of us when we interact with each of these medical professional. When we’re ill or even just speaking with them, we can get really anxious and forget questions we might have. We can use this tool to keep track of questions for healthcare providers so that when we are in that position, we have it on paper and don’t have to worry about remembering. This is another tool to help patient’s take responsibility for their own healthcare.

The three questions listed to ask your doctor are all you really need to initiate the dialogue necessary to gain information about your health. These questions are:

· What is my main problem?

· What do I need to do?

· Why is it important for me to do this?

I really think if you ask these questions, it will lead to discussions that will provide most of the information you need.

Supreme Court Decision Makes It More Difficult to Sue Medical

Device Manufacturers

http://www.himss.org/rhio_connection/BlankRomeMarchHealthLawUpdate.pdf

This week I’m writing about an article from the HIMSS website that discusses tort law concerning medical device manufacturers.

This year, the Supreme Court ruled in favor of Medtronic, the manufacturer of a balloon catheter. In 1996, Charles Riegel was undergoing a balloon angioplasty when it burst, causing a severe injury. Mr. Riegel sued Medtronic, “contending that the catheter had been designed, labeled, and manufactured in a manner that violated New York state law, and that those defects had caused severe and permanent injuries to him.” Mr. Riegel lost his suit because the catheter had been given premarket approval by the FDA, thus protecting the manufacturer from legal liability. The Supreme Court based its decision on the 1976 law that prevents states from imposing “any requirement” related to a device that was “different from, or in addition to” the federal requirements. The Court felt that “any requirement” includes state tort law that claims to burden manufacturers with extra responsibilities of care not required by the federal law. The key to this ruling is the fact that the device had premarket approval.

I have very mixed feelings about tort law. On one side, if manufacturers or healthcare providers aren’t held responsible for their actions, patient safety is jeopardized. On the other hand, if manufacturers and clinicians aren’t provided with some protection against high-value lawsuits, manufacturers will stop developing the very devices that can save our lives, and there will surely be a shortage of physicians. There must be a balance between the two.