HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Sunday, August 12, 2007

Drop in US Life Expectancy Rankings

The Associated Press reports on the latest survey of Life Expectancy rankings - the US ranks 41.  Here is ThinkProgess' take on the survey results:

The AP reports that while Americans are living longer than ever, they are not living as long as people in 41 other countries, including Japan, Guam, Jordan, and most nations in Europe. “A baby born in the United States in 2004 will live an average of 77.9 years. That life expectancy ranks 42nd, down from 11th two decades earlier.”


A New York Times editorial today writes that the “disturbing truth” is that “by an array of pertinent yardsticks, the United States is a laggard not a leader in providing good medical care.”

August 12, 2007 | Permalink | Comments (0) | TrackBack (0)

Friday, August 10, 2007

Preventing Care and Cost Savings

Ezra Klein posts on a recent column in the New York Times by David Leonhardt discussing the potential savings from preventive care.  Mr. Leonhardt writes,

The theory goes like this: By practicing preventive medicine, doctors can keep many people from getting sick in the first place. Those who do end up with a chronic illness will be closely tracked so that fewer of them develop complications. These steps will result in less illness, which in turn will require less health care. With the savings, the country can then lower its medical bills or provide health insurance for the 40-odd million people who lack it — or maybe even both. . . .

The would-be reformers have hit on something important here. The current health care system doesn’t pay hospitals, doctors and nurses to keep people healthy; it pays for tests, surgeries and drugs. So Americans often get expensive invasive care of dubious medical benefit while missing out on sensible basic care. Millions of other people go without any care for chronic illnesses like heart disease and diabetes. If Medicare and private insurers paid for more preventive care, Americans would be healthier than they are today and live longer. . . .

No one really knows whether preventive medicine will save money in the long run, let alone free up the billions of dollars a year needed to help pay for universal health insurance. In fact, studies have shown that preventive care — be it cancer screening, smoking cessation or plain old checkups  —  usually ends up costing money. It makes people healthier, but it’s not free. . . .

This is a tough idea to swallow because better health really does seem as if it should lead to lower medical bills. Indeed, if it were somehow possible to wave a wand and turn people into thin nonsmokers who remembered to take their statins, this country’s health care expenses would fall.

But any effort to promote health has its own costs. Doctors and nurses need to spend time with patients to persuade them to change their behavior. (Ever tried to get someone to stop smoking or drinking?) For a new program to work, it has to reach people who are not being helped by whatever exists now — and who thus will be among the most difficult and expensive patients to treat. The program would also have to treat a whole lot of people who never would have gotten sick. . . .

The actual savings are also not as large as might at first seem. Even if you don’t develop diabetes, your lifetime medical costs won’t drop to zero. You might live longer and better and yet still ultimately run up almost as big a lifetime medical bill, because you’ll eventually have other problems. That would be an undeniably better outcome, but it wouldn’t produce a financial windfall for society.

Mr. Klein notes, in response, "This is all true. To be sure, in a perfect world, I could probably dream up a set of policy initiatives that, if broadly implemented and competently carried out, could reduce health spending off the bat. But the world continually disappoints with its stubborn lack of perfection. Instead, the more achievable goal is to move towards a universal system that's more cost-effective, which is, in fact, very much the same thing as saving money, and towards an integrated system that readies the ground for tougher cost control mechanisms down the road."

August 10, 2007 | Permalink | Comments (0) | TrackBack (0)

Data Mining and Pharmaceutical Companies

Firedoglake has an interesting post on some of the recent efforts to limit gifts to doctors by drug companies.  The blog notes, however, that nothing was said about the practice of data mining  or prescription tracking by pharmaceutical companies.

I have a doctor friend who writes a lot of prescriptions for Pfizer drugs. Pfizer knows that because they track it, and the perks they offer are based on that knowledge. They aren’t just throwing out bones randomly to doctors because they have nice offices, there’s a very specific perks-for-scripts relationship at work. My friend is hired with some frequency to give “lectures” to, say, five doctor colleagues (at several thousand dollars a pop) on behalf of the pharmaceutical company and their particular drug. Even my friend acknowledges that it’s quite the racket.

There are many other ways to get money into the pockets of reliably prolific prescription writers, but the fact is that at present every time a doctor puts pen to paper he/she knows that the pharmaceutical company is watching. Without that kind of Big Brother awareness, doctors might be more cognizant of their patients’ needs first and less likely to be influenced by self-interest. Cutting the supply line of information is a critical first step.

August 10, 2007 | Permalink | Comments (0) | TrackBack (0)

Thursday, August 9, 2007

Breast Implants and Suicide Risk

BBCNews reports on an article in the August Issue of Annals of Plastic Surgery concerning research linking breast enhancement surgery and suicide.   The Times article states, 

Women who receive implants for breast enhancement are three times more likely to commit suicide, according to a new report that offered a sobering view of an increasingly popular surgery.   Deaths related to mental disorders, including alcohol or drug dependence, also were three times higher among women who had the cosmetic procedure, researchers said. . . .

Though the study did not look at the reasons behind the suicides, senior author Joseph McLaughlin, a professor of medicine at the Vanderbilt University School of Medicine, said he believed that many had psychological problems before getting implants and that their conditions did not improve afterward. 

Previous studies have shown that as many as 15% of plastic surgery patients have body dysmorphic disorder, a condition marked by severe distress over minor physical flaws. People with the disorder have a higher rate of suicidal thoughts and rarely improve after surgery. . . .

Controversy has long dogged the surgery. Last year, the Food and Drug Administration lifted a 14-year ban on silicone-filled implants after finding little evidence they were unsafe. But the agency required manufacturers to run 10-year studies of 10,000 women each to look for long-term consequences, including possible suicides.

The latest study analyzed data from 3,527 Swedish women who got implants between 1965 and 1993. Breast cancer patients who received reconstructive implants were not included.  Scientists tracked the women for as long as 29 years after their implant surgeries and found the suicide risk increased over time. There was no higher risk in the first 10 years afterward, they said, but the risk was 4.5 times higher after 10 to 19 years and six times higher after 20 years.

David B. Sarwer, a University of Pennsylvania psychologist who wrote a commentary accompanying the report, said the results suggested that women experienced psychological improvement after surgery, but that it was not sustained.  Researchers said the results may have limited applicability to women today because breast augmentation is more acceptable than it was 40 years ago.

McLaughlin said the study underscored the need for the psychological screening of women seeking breast enhancement.  Allergan Inc. of Irvine, manufacturer of Inamed brand implants, "is a big advocate" of counseling beforehand, spokeswoman Caroline VanHove said. She said women should have realistic ideas of how the procedure would change their lives.

Thanks to Ann at Feministing for the link.  Here are some further thoughts from Ann on the article,

Realizing this, some plastic surgeons are calling for more pre-augmentation mental-health screenings. (My question: Would they really tell a woman with severe depression that she couldn't have D-cups? Maybe. Maybe not.) Other surgeons don't seem concerned, saying that, because the research was conducted between 1965 and 1993, the situation today is much brighter for the silicone-boobed:

Researchers said the results may have limited applicability to women today because breast augmentation is more acceptable than it was 40 years ago.

Do they actually mean to suggest that the women in the study were suicidal because, in previous decades, society was not accepting of their silicone-enhanced breasts? I'd argue that today there is even more social pressure to look perfect than there was 40 years ago. And as plastic surgery becomes more socially acceptable, women with mental-health issues (and problems like body-dysmorphic disorder) may be under even more pressure to get breast augmentations. Therefore this problem is not going away.

Thanks to Feministing for the link.

August 9, 2007 | Permalink | Comments (0) | TrackBack (0)

Wednesday, August 8, 2007

Old Medicine has an article by Andrew O'Hehir discussing a recent book, "Passions and Tempers" by Noga Arikha, historian, on what hasn't changed in medicine over the years.  Mr. O'Hehir writes,

What if a physician from, say, the late Roman Empire were transported to the 21st century and asked to treat patients? Historian Noga Arikha performs this thought experiment in her new book, "Passions and Tempers: A History of the Humours."

Most obviously, he -- and he'd definitely be a he -- would be clueless about modern medical technology. He wouldn't know how to take your blood pressure, and he'd never have heard of viruses or bacteria. Cancer, to him, would be a constellation and a sign of the zodiac (as well as the word for "crab"). For certain ailments he might want to bleed you, and you'd be right in suspecting that was a bad idea. If you complained of a cold or a fever, on the other hand, he might define your illness in unfamiliar terms but he'd also be full of suggestions for herbs, poultices and potions, some of them no worse than those developed by the last 2,000 years of medical science.

This Roman doctor would probably subscribe to the humoral theory of human physiology, meaning that he believes physical and mental health are governed by the relative balance and temperature of four "humors" or fluids that flow through the human body: blood, choler (yellow bile), melancholy (black bile) and phlegm. This theory is completely discredited today, and for good reason: Those humors either do not exist or do not do what the ancients thought they did. 

Intriguingly, however, our visiting specialist would find the allopathic principle that underlies modern medicine -- the idea of treating through "contraries," or opposites -- completely familiar, since it was humoral medicine, the tradition of Hippocrates and Galen, that first advanced that principle.

Even more intriguingly, some medical concepts that seem relatively new to us would also strike him as normal, like the idea that stress can cause physical ailments, or that mental illness might result from a chemical imbalance in the body. Once he figured out what you meant by "depression," for instance, he'd want to treat it with herbal remedies, probably using plant products still employed for that purpose today.

In short, this Caligulan doctor would possess what we'd now call a holistic conception of the human body and human health, along with an impressive body of empirical knowledge about treatments and cures. He would understand the body as a carefully balanced organism full of invisible essences, and his own role as a cautious recalibrator who intervenes only as necessary to restore that balance. He would know almost nothing, by our standards, about human anatomy, but he'd be a highly cultured fellow who had read more Aristotle than any doctor you're likely to meet today.

The article is an interesting read and the book looks good too.

August 8, 2007 | Permalink | Comments (0) | TrackBack (0)

What's Wrong with America?

From last night's AFL-CIO Democratic debate, here is a link to the best, and most heartbreaking, question of the evening. 

August 8, 2007 | Permalink | Comments (0) | TrackBack (0)

Tuesday, August 7, 2007

Support for Single Payer

Ezra Klein points out a recent article on the American Prospect website concerning an interview by Roger Bybee, writer and progressive activist, who formerly edited the official labor weekly Racine Labor, with Dr. Steffie Woolhandler, one of the founders of Physicians for a National Health Program, on single-payer health care.   Here is a brief portion of the interview:

How do you envision closing the gap between big firms like Wal-Mart making vague commitments to universal healthcare and actual recognition that only a single-payer system can hold down costs, reach all citizens, and provide free choice of doctors?

If companies want to hold down costs, they need to support universal healthcare. Otherwise, it won't solve the problem of healthcare for low-wage workers. The good news is that no one would miss the administrative burden that accounts for such high costs in the


However, we would have to provide retraining and income support to displaced health insurance workers. 

Polls of doctors in


(Feb., 2007) and


(2004) both show a remarkable 64 percent favoring a single-payer plan. What accounts for this historic shift in the sentiment of doctors, when you think back to how the American Medical Association successfully mobilized doctors in every community to block Harry Truman's health reform effort? This new polling seems extraordinary; both because doctors' support for single-payer is just slightly below the general public's and because doctors are presumably much more knowledgeable about health systems than the average citizen. How do you see things developing among doctors and the health industry?

The opposition in Truman's era was the medical profession, and the AMA still is opposed even though a high percentage of doctors support a single-payer plan.

But now there are two other powerful forces: the health insurance industry [that emerged since the Truman plan] and the pharmaceutical companies. Under a single-payer plan, the government steps into the pharmaceutical pricing picture with a lot of bargaining power, so both of these forces feel threatened. 

It's ironic that hospitals aren't more supportive. The health insurance industry would be put out of business, so it's life or death for them. But hospitals would still be there. Some for-profit hospitals oppose national health insurance, and our plan calls for reconversion to non-profit status. With the non-profit hospitals, I think opposition to single-payer is mostly fear of change. I think that they can live with a single-payer national health insurance plan, so I don't see them as our biggest enemy.

August 7, 2007 | Permalink | Comments (0) | TrackBack (0)

Universal Access: Representative Kagan

Over at Talking Points Memo Cafe, Representative Steven Kagan (and former physician) provides a summary of his plans for health care reform.  He will be writing each day to provide further details about this ideas for change and ways to achieve universal coverage.   He writes,

The nation's health care system is in critical condition, and slapping another Band-Aid on it won't help. Believe me, I know. As a physician, I've been healing my patients for 30 years. But I had to run for Congress to begin to make sure they can afford their prescriptions without having to choose between taking their next pill or eating their next meal.

It's time for my fellow members of Congress to stand up to Big Insurance and guarantee universal access to affordable care for every citizen. Here's how:

Openly disclose all prices - so the real price of all health care services and products is always visible and openly disclosed. That way, we'll know the price of a pill before we swallow it.

Unitary Pricing - so we all pay the same price for the same product or service, like ordering from a restaurant menu. Show us your price, and then charge every citizen the same.

Form a single risk pool, made up of all 300 million citizens - with no discrimination against anyone who has a pre-existing condition - to leverage down prices for all of us.

Renew our commitment to care for "The least of these" among us - so all our children can reach their full potential, all our working families have an equal opportunity to be healthy, and all our senior citizens can afford the care they need without having to quietly skip a meal.

And before my Congressional opponents, who support Big Insurance, reach for their partisan talking points about "government run health care," ask them to do what I did--reject their own "government-run" Congressional health package until every citizen they represent has the same health care benefits offered to them. . .

. . . .you can learn more in Clarence Page's column from yesterday's Chicago Tribune.

August 7, 2007 | Permalink | Comments (0) | TrackBack (0)

Monday, August 6, 2007

"Artificial Uterus Environment"

 Slate's William Saletan reports on a new scientific development:

Scientists are developing an "artificial uterus environment." Key ingredient: microchips that "rest on a membrane of cultured uterus cells," whose chemicals help fresh IVF embryos (up to 20 at a time) grow. In mice, the chip is almost as effective as a womb; it'll be tested on human embryos this year. Goals: 1) improve the success rate of IVF. 2) "create a fully automated artificial uterus in which egg and sperm are fed in at one end and an early embryo comes out the other, ready for implanting in a real mother." 3) "growing genetically modified animals, stem cells and cloned embryos." (For Human Nature's take on artificial wombs as organ factories, click here.)

Where do people get these ideas?   

August 6, 2007 | Permalink | Comments (0) | TrackBack (0)

Independent Pharmacists and Medicaid Drug Reimbursement

McClatchy News reports on the concern many independent pharmacists have concerning the new Medicaid drug reimbursements.  It states,

For Mark Williams, it's a simple business proposition: He can't afford to  sell medicine for less than what he paid for it.  But he says that's what Washington expects him to do, come January. . . .

It's a common warning from the nation's community pharmacists, who have been watching their ranks dwindle in recent years. Now they're looking for help from Congress, fearful that reductions in the amount the federal government reimburses them for Medicaid drugs will drive more of them out of business.

Yet much more than the livelihood of pharmacists is at stake.  If the changes proceed, critics warn, tens of thousands of Americans who depend on Medicaid could be denied life-saving drugs or forced to drive long distances to get them. Medicaid is the federal-state program that subsidizes health costs for 53 million low-income people and those with disabilities. . . .

Kody Krien, who runs Krien Pharmacy in St. Francis, Kan., is among those who are ready to stop serving Medicaid patients if necessary. "If they set it below cost, I'll just drop them," he said. "The sad thing is those Medicaid people are going to have to drive 40-50 miles to get medicine. .... And those people, they can't afford to drive anyway. That's why they're on Medicaid."

Faced with growing competition from big chains and mail-order pharmacies, 1,152 independent pharmacies across the United States were sold or closed in 2006, according to statistics gathered by the National Community Pharmacists Association. . . .

The uproar is caused by fallout from the Deficit Reduction Act of 2005, which was passed by Congress and signed into law by President Bush. It forced the Centers for Medicare and Medicaid Services (CMS) to come up with changes in the government's complicated reimbursement formula as a way to save $8.4 billion. . . .

Critics of the new rule say it would reimburse retail pharmacies at an average rate of 36 percent below their costs. That's based on a December report by the Government Accountability Office. The new rule would base reimbursements for more than 500 generic drugs on the average manufacturer price. Currently, they're based on average wholesale prices.

Government officials are defending the new system.  "We don't agree with some advocates who claim that the new rule will put pharmacies out of business," said Mary M. Kahn, CMS spokeswoman.  She said that states "were greatly overpaying for many drugs, especially generic drugs." And even with the new changes, she said, pharmacy revenues from the Medicaid program will decline by less than 1 percent over the next five years. . . .

August 6, 2007 | Permalink | Comments (0) | TrackBack (0)

Bridge Information for Each State

For those of you who are wondering about the safety of your state's bridges after the tragic collapse of the Minnesota bridge, MSNBC provides a helpful interactive map with information on the status of the bridges within each state.

Thanks to Americablog for the site.

August 6, 2007 | Permalink | Comments (0) | TrackBack (0)

Saturday, August 4, 2007

Oscar: The Amazing Kitty in the NEJM

I am sure that you have all heard the story of the cat. Oscar, who seems to know when someone at the nursing home where he lives is going to die.  (I have always been more of dog person).   No, this wasn't a story that I came across reading the magazines in the grocery store check-out line.   The New England Journal of Medicine  covered the story.  It briefly reports on the daily life of Oscar:

Oscar arrives at Room 313. The door is open, and he proceeds inside. Mrs. K. is resting peacefully in her bed, her breathing steady but shallow. She is surrounded by photographs of her grandchildren and one from her wedding day. Despite these keepsakes, she is alone. Oscar jumps onto her bed and again sniffs the air. He pauses to consider the situation, and then turns around twice before curling up beside Mrs. K.


One hour passes. Oscar waits. A nurse walks into the room to check on her patient. She pauses to note Oscar's presence. Concerned, she hurriedly leaves the room and returns to her desk. She grabs Mrs. K.'s chart off the medical-records rack and begins to make phone calls. 

Within a half hour the family starts to arrive. Chairs are brought into the room, where the relatives begin their vigil. The priest is called to deliver last rites. And still, Oscar has not budged, instead purring and gently nuzzling Mrs. K. A young grandson asks his mother, "What is the cat doing here?" The mother, fighting back tears, tells him, "He is here to help Grandma get to heaven." Thirty minutes later, Mrs. K. takes her last earthly breath. With this, Oscar sits up, looks around, then departs the room so quietly that the grieving family barely notices.

Slate magazine has a view on this story as does Firedoglake.

August 4, 2007 | Permalink | Comments (0) | TrackBack (0)

Friday, August 3, 2007

Just for Fun on a Friday

I don't know how many of you have explored the YouTube website but it definitely can be fun.  Here is one of my latest finds:   click here for a quick history of music. 

August 3, 2007 | Permalink | Comments (0) | TrackBack (0)

SCHIP Clears Senate

The Senate passed an expanded version of the SCHIP program yesterday.  The LA Times reports,

Defying President Bush, the Senate on Thursday voted decisively to expand a popular health insurance program for children of the working poor and to more than double tobacco taxes to pay for it.   Senators of both parties banded together in the 68-31 vote for the State Children's Health Insurance Program — 18 Republicans joined all 48 of the chamber's Democrats who voted and both of its independents. That's one vote more than the 67 needed to override Bush's threatened veto.

Under the Senate plan, smokers would foot the bill for covering 3 million children more than the 6 million already covered: The federal cigarette tax would jump from 39 cents a pack to $1, and the tax would reach $10 for luxury cigars with a wholesale price of $19 or more apiece.

The Senate action followed a House vote Wednesday approving an ambitious package that would cover about 5 million more children but would also make changes to Medicare that many Republicans say are unacceptable, such as cutting payments to managed-care plans. Lawmakers will face a challenge reconciling the bills. . . .

If congressional negotiators can strike a bipartisan deal, some senior Republicans suggest, the White House may have to back down on its veto threat.  "I hope to be able to talk to the president and just show how common sense dictates not vetoing this," said Sen. Charles E. Grassley (R-Iowa), who worked with Baucus to craft the bill.   Sen. Orrin Hatch (R-Utah), who helped create the insurance program in 1997, said: "In the final analysis, I don't think this president will veto this bill." . . .

"This bill essentially extends a welfare benefit to middle-class households," said a White House statement on the legislation.   Hatch took strong exception to the use of the word "welfare."   "These aren't people on welfare," he said. "These are children of working-poor parents who are trying to work but don't have the money to get health insurance. It's hardly welfare."

For some other thoughts on the potential political fall-out to Bush's threatened veto, click here

August 3, 2007 | Permalink | Comments (0) | TrackBack (0)

Thursday, August 2, 2007

House Passes Expanded SCHIP Program

The Washington Post reports on the House passage of the expanded SCHIP program last evening.  It states,

House Democrats pushed through legislation Wednesday to add 6 million lower-income children to a popular health insurance program while making deep cuts in federal payments to Medicare HMOs, defying a veto threat from President Bush.On a 225-204, mostly party-line vote, the House passed the legislation, which would add $50 billion to the decade-old State Children's Health Insurance Program and roll back years of Republican-driven changes to Medicare

The bill would slash federal payments to private insurance companies that cover elderly and disabled patients under Medicare and shift money to doctors and benefits for lower-income beneficiaries. The rest of the children's health increase would come from hefty increases in taxes on tobacco products.

The legislation sparked a bitterly partisan health care battle on the eve of Congress' monthlong summer recess, complete with parliamentary fireworks by angry Republicans. The back-and-forth engulfed a broadly supported program to insure working poor kids in a larger argument over whether the government or the private sector should provide health insurance to the nation's most vulnerable populations.

In the Senate, a more limited, $35 billion expansion of the children's health care program without broader Medicare changes appeared headed for a bipartisan endorsement by the end of the week, despite another threatened veto. Bush has proposed spending half as much on the program _ scheduled to expire Sept. 30 _ over the next five years.

In a veto threat of the House bill issued Wednesday, the administration said the legislation "clearly favors government-run health care over private health insurance," and spends far too much.

For more information about the bill and its passage, see National Public Radio
and for a different view, see Firedoglake (which provides some historical perspective through links and also critiques the Newshour coverage of the issue).

August 2, 2007 | Permalink | Comments (0) | TrackBack (0)

Implanting Biochips

United Press International reports on a new initiative by the Department of Defense:

The U.S. Department of Defense awarded Clemson University a $1.6 million contract for implantable biochip research.  The award given the university's Center for Bioelectronics, Biosensors and Biochips is for an implantable biochip that can relay vital health information if a soldier is wounded in battle or a civilian is hurt in an accident.

The biochip, about the size of a grain of rice, is to be designed to measure and relay such information as blood lactate and glucose levels in the event of a major hemorrhage.  Professor Anthony Guiseppi-Elie, the center's director, said the biochip device has other potential applications, such as monitoring astronauts' vital signs during space flights.

"We now lose a large percentage of patients to bleeding and getting vital information such as how much oxygen is in the tissue back to ER physicians and medical personnel can often mean the difference between life and death," he said. "Our goal is to improve the quality and expediency of care for fallen soldiers and civilian trauma victims." The biochip also might be injected as a precautionary measure in anticipation of future traumas, he said.

August 2, 2007 | Permalink | Comments (0) | TrackBack (0)

Wednesday, August 1, 2007

Transplant Surgeon Charged with Murder

Unfortunately, this is not the title of a recent episode of Law and Order but I true story concerning charges brought against a surgeon for allegedly hastening the death of several patients.

San Luis Obispo County prosecutors charged a San Francisco transplant surgeon with three felonies Monday, alleging he attempted to hasten the death of a 26-year-old disabled man last year at Sierra Vista Regional Medical Center in an attempt to harvest his organs.

Prosecutors are charging Dr. Hootan Roozrokh, 33, with dependent adult abuse, administering a harmful substance, Betadine, and unlawful prescribing of sedatives to a severely disabled man, Ruben Navarro.  If convicted of all charges he could face up to eight years in prison. . . .

The local case is the first of its kind against a transplant surgeon and has vast implications for the nation's organ donor system because it casts doubts on organ donation after cardiac death, or heart failure. That's less common than donation after brain death, but increasingly seen as a way to help alleviate the national organ shortage.  In 2006, for example, organs were recovered from 645 donors nationwide after cardiac death, representing 8 percent of all deceased donors. That's up from 189 in 2002.

Prosecutors allege that Roozrokh violated the law on Feb. 3, 2006, when he took control of Navarro's care before he was dead, and that he mistreated him by ordering excessive amounts of sedatives "to accelerate Mr. Navarro's death in order to recover his organs," a statement said.  Navarro's organs were not harvested because he did not die within 30 minutes — the timeframe under which his organs remained viable for transplant.

"The central issue of the case is the mistreatment of a person who was still alive," said Stephen Brown, chief deputy district attorney. . . . .

Donation after cardiac death is more complex and controversial than donation after brain death, when the patient has already been declared legally dead before being removed from breathing machines. In the former situation, once a patient is removed from machines and declared dead due to heart failure, there is only a five-minute interval to observe death before surgeons begin recovering organs.

Cardiac death donations fall within ethical guidelines if strict protocols are followed. The medical community's paramount rules and state law say that transplant surgeons should have no contact with the patient until the attending physician declares death and any attempts to hasten death are prohibited. An alleged breach of those protocols led to the charges against Roozrokh.

Navarro was taken by ambulance to Sierra Vista on Jan. 29, 2006, after he was found in a coma at the residential care home where he lived in San Luis Obispo.  The patient, who at 10 was diagnosed with a rare degenerative disease, was placed on life support, but not declared brain dead because he had minimal brain function. Navarro's mother then agreed to donate his organs, according to a police investigation.

The Oakland, Calif.-based Organ Transplant Donor Network dispatched a surgical team, which included Roozrokh, from San Francisco to recover Navarro's organs.  Navarro was taken into the operating room and removed from life support, but he did not die within 30 minutes.

Violating the hospital's protocol and state law, Roozrokh took over caring for Navarro before he was declared dead and ordered a nurse to give Navarro abnormally high doses of morphine and Ativan to hasten death, according to an investigation by the U.S. Centers for Medicare and Medicaid Services.  Prosecutors also allege that Roozrokh injected Betadine, a topical antiseptic, into Navarro's stomach.  The attempted organ donation occurred on a Friday night. Navarro died the next day at 8 a.m. Operating room nursing staff alerted hospital administrators the following Monday about the incident. The hospital then notified police and state and federal health officials.

None of the other six nurses, doctors and technicians who were in the operating room and did not intervene will face criminal charges, Brown said.

San Luis Obispo police turned the case over to the county District Attorney's Office in March. The rare circumstances and the fact that there is no case precedent slowed the investigation, prosecutor Brown said. "Dr. Roozrokh and his wife have suffered immeasurably as a result of the dissemination of false accusations and the interminable delay in the investigation of this case," according to the statement from his attorney. . . .

August 1, 2007 | Permalink | Comments (0) | TrackBack (0)

Great Election Year Website for Health Care Issues

The Kaiser Family Fund has launched a new and extremely useful website that provides details on each presidential candidates and their views on health policy.  I think it may be worth adding it to your favorites list.

August 1, 2007 | Permalink | Comments (0) | TrackBack (0)