Liability Vs Serving

Recently the new medical school at Florida State was held hostage by
hospitals for potential for liability cost even though in the entire state
of Florida involving 4 medical schools over many decades only 3 medical students have been involved in adverse events. The unrealistic liability climate in Florida was largely to blame for the concerns by hospitals, but this is but one example of the barriers involved in getting the kind of experience needed to be a better physician.

Although it is important for students to follow established procedures for volunteers to minimize problems (high school, college, medical school, etc.), the risks are minimal in all scenarios. The hospitals have established protocols to follow in case of injury. If they do not have them, students should not volunteer there. An orientation procedure should be a part of every volunteer effort. Student organizations should spearhead efforts to be sure of these areas.

I am not a lawyer, but if the "volunteering" were required as a part of university functions, there is some potential for university liability. This is why making sure that students use the right facilities and follow established procedures is important.

There is a caveat in America today: You can always face legal action.

The question that to me is more important: Will you be disabled by the threat of legal action, even if the probability is very low? Will those that reach out most to others be the ones most crippled by the threat of legal action? Will our leaders fail to have experience in the future because we failed to help them take those first  critical steps to take some relatively small risks?

Previously I have noted that one of the major problems facing the medical profession is the loss of service orientation. Best Vs Brightest Almost as deadly is the increasing inability of students and residents at all levels to be able to make decisions and care for patients. This is directly related to the lack of responsibility given to them for care of patients. Fears of liability loom large in both of these realities. How long can we go before we realize how much it costs us for us to have to train doctors years after graduation from medical school and residency?

The ones who suffer most are the patients, particularly the most complex ones, those in most need of care. The underserved need more than just a medical approach. They need a population-family-multidimensional-culture-based approach. It is my feeling that until medical students understand medicine, they will not go the extra mile to learn about community medicine, prevention, culture, doctor-patient relationships, etc. My feelings are supported by recent AAMC GQ findings that these same areas are rated as most inadequately taught by medical schools.

In medical studies some 15 years ago in the midst of another liability crisis, doctors were asked why they stopped delivering babies.  The top reason that they gave was liability concerns. Further studies pointed out that restoring liability access and cost barriers did not restore obstetrical interest in the physician. The real problem is that liability concerns were an excuse for doctors who did not have to deliver babies anymore (better finances, salaried not productivity, older and with kids of their own to raise) to get out of the hassles of call and poor reimbursement and teen pregnancy and several other complex issues going on at the time.

It is not my intent to minimize a most serious question with serious potential problems.

It is my intent to motivate those who truly care for students and student  organizations to help them go the extra mile to protect the students and institutions so that we can continue and expand service orientation in this nation.

If we truly want to resolve the current global crises regarding people with no hope, we must encourage the students who can most restore this hope to rise up  and volunteer and serve and learn to lead and teach. The underserved in this  nation would be a good place to start.

I must also expose my bias. I do rural medical education programs. In AAMC  GQ studies of those interested in choosing towns of less than 10,000, they were  twice as likely to do rural experiences, international missions or experiences, or  local volunteer work when compared to their medical student peers. I feel that the more we pick those who volunteer and serve, and the more we encourage these efforts, the more we will have in underserved rural and urban communities in this nation and other nations. Rural Interested Students

If we go the other way and trust students more and give them more responsibility, we also have an idea of the outcome. We have a track of students at UNMC that accelerates and becomes a first year resident during their M-4 year. Basically this gives them patient care-decision making opportunities one year early. These students also know as an M-3 that they are headed to rural underserved locations. By their second year of residency they are moving beyond the usual boundaries, having mastered medicine to a degree greater than their peers. The twenty-four graduates have demonstrated that they are a different breed who go out and serve: 60 % are in towns of less than 5000, one is already physician-leader at AAFP, and one just signed a contract to serve in a small town but reserved 3 months a year to do missions in Africa.

This program is a great end point, but I would be quick to point out that the real success of the program is another story. These students were identified before admissions by a dean of admissions who works closely with the small colleges in the state. These students were encouraged by their advisors, they managed to survive the admissions process, they served during medical school, they were given opportunities to advance their medical training, they enhanced this training with weekend moonlighting, and they have continued to serve with their careers.

Robert C. Bowman, M.D, Co-Chairman
Rural Medical Educators Group of the National Rural Health Association
UNMC Department of Family Medicine Director of Rural Health Education and Research
983075 Nebraska Medical Center
Omaha, NE 68198-3075
(402) 559-8873 or fax at -8118
Email: rbowman@unmc.edu
http://www.unmc.edu/Community/ruralmeded/

 

"... nothing to fear but fear itself."

To echo Dr. Bowman's excellent comments, the service aspects of a health career are key factors for the success of that career. That has been true in the past and will be even more important in the future. How can our advisees be confident of a professional life built around these principles unless they have sampled them in the discernment process? Not to encourage these service activities because of fear of suits would be like advising them to be Olympic swimmers without ever getting in the pool because there could be alligators in there!

In the Research Associates (RA) programs that I have directed over the last six years in two inner city emergency departments, more than 500 college students from around the country have participated. There has never been a lawsuit or even mention of a suit. RAs receive the same safety training that all hospital volunteers and employees have before starting patient contact. Part of my introduction to this part of their training emphasizes that choosing a career in the health professions entails relative risk.

"You are, after all, choosing to be around people who are sick. To care for them during your career, you may breath the same air. You may use sharp instruments that have been in contact with your patients before potentially cutting you. Their body fluids are often splattered near you. The chances for personal illness, minute as they are if you take the prescribed precautions that you will be taught, are still greater than you will likely encounter in an office or a classroom. Make an informed decision that you are willing to accept that small, but relatively greater risk before agreeing to the lifetime commitment of a health career."

I will be the first to admit that my stance is easy to take since there are no pending suits. I hope that my conviction would withstand the test of litigation. Without patient care exposure early on in their discernment, how else can our students know that being of service will be fulfilling for their lives. They will be better doctors (or not doctors) from the experience. I can think of worse things for which to be sued.

Keith
Keith Bradley, MD, FACEP
Health Sciences Advisor
Health Professions Preparation Program (HP3)
203 254 4000 x 3238 kbradley@mail.fairfield.edu

 

Dr. Bradley:
Thanks for your input - it was an excellent addition to previous posts. I concur - in 25+ years of providing clinical and didactic education for Allied health students (numbering in the 1,000s) both in the US and internationally I can identify only 2 incidents where students/observers were harmed by patient contact or connected activities. Each of these resulted from a lack of attention to safety precautions.
 
I was particularly impressed with your statement of relative risk. I wonder if you would permit me to adopt this statement for use in my own presentations with, of course, appropriate attribution?

"You are, after all, choosing to be around people who are sick.  To care for them during your career, you may breath the same air.  You may use sharp instruments that have been in contact with your patients before potentially cutting you.  Their body fluids are often splattered near you.  The chances for personal illness, minute as they are if you take the prescribed precautions that you will be taught, are still greater than you will likely encounter in an office or a classroom.  Make an informed decision that you are willing to accept that small, but relatively greater risk before agreeing to the lifetime commitment of a health career."
Paul Mathews
 
Paul Mathews PhD, RRT, FCCM, FCCP
Associate Professor Resp Care
University of Kansas Med Ctr.
913-588-4630 (V) 913-588-4631 (F)

 

I hate to keep on harping on this topic, but the comments that I have been reading lately on this listserve have repeatedly talked about medical training. If all we continue to do in medicine is train
people and not educate them, we will be in more serious trouble in the future. Training is not enough. Most information that people in the medical profession need today they can very easily access, generally on the computer and internet. Training only involves giving people information and showing them techniques. What makes anyone believe that a person you can "ape" something (i.e., regurgitate information) is intelligent or for that matter capable. Being able to regurgitate facts definitely doesn't give them the ability to think and solve problems. All college graduates, and more so for those going into medical fields, must be able to think and solve problems. This can only come from education. Maybe if our students would be better educated and not just trained, we wouldn't have to have this discussion on volunteerism and liability. Bob Stach

Robert W. Stach, Ph.D.
Professor
Department of Chemistry
University of Michigan-Flint
Flint. MI 48502
Phone: 810-762-3111
E-Mail: bobstach@umflint.edu

Our pre-medical students take Clinical Preceptorship during the school year for academic credit. As such, they are covered by the college's insurance policy for any accident / illness that might befall them when they are on the health care provider's premises.

Joseph H. Lechner, Ph.D.
Professor of Chemistry
Mount Vernon Nazarene College
800 Martinsburg Road
Mount Vernon, OH 43050-9500
[740] 397-9000 extension 3211

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