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Research ArticleOriginal Research

An Alternative Method of Determining Standard of Care in Alleged Cases of Malpractice

Mark A. Graber, Arthur Hartz, Paul James, Andrew Nugent and Michael D. Green
The Journal of the American Board of Family Practice November 2005, 18 (6) 453-458; DOI: https://doi.org/10.3122/jabfm.18.6.453
Mark A. Graber
MD
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Arthur Hartz
PhD, MD
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Paul James
MD
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Andrew Nugent
MD
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Michael D. Green
JD
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Article Figures & Data

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    Table 1.

    Admission Information

    • HPI: A 35 year-old female with a 1-week history of constipation, indigestion, back pain, and severe left-sided abdominal pain when rising from a seated position. She had a history of chronic headaches, back pain, and iron deficiency anemia (Hb 5.2; ferritin, 8 ng/mL) requiring transfusion 1 month ago. No fever, chills, or melena.

    • PMH: Current smoker, asthma requiring prednisone as needed (PRN), hx of peptic ulcer disease, SP hysterectomy, appendectomy, and cholecystectomy.

    • Medications: A prednisone taper for asthma exacerbation begun 1 month ago; Wellbutrin, methadone, and Celebrex for back pain; Fiorinal for headache

    • PE: In the emergency department (ER): temperature, 96.6; blood pressure, 136/83; heart rate, 100; lungs, clear, 95% O2 saturation on room air, distended abdomen, guarding and rebound noted by ER physician

    • Diagnostic tests: WBC 20,100, 10% bands, Hb 10.6. PA chest and abdominal radiographs read in ER as “no free air, no infiltrates, normal bowel gas pattern, no mass, normal mediastinum.” EKG NSR with nonspecific ST-T changes.

    • Admission diagnosis: ER physician records “abdominal pain—acute.” The primary physician gave a preliminary diagnosis of gastroenteritis and constipation.

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    Table 2.

    Hospital Course

    Day 1
        20:00: Admitted, started on levofloxacin for gastroenteritis, multiple treatments for constipation, Demerol (100 to 150 mg q 2 h PRN), and fluids at 100 mL/h. Celebrex and prednisone were continued. No physical.
    Day 2
        01:30: Nursing noted increasing distention of the abdomen and markedly increased pain. A Foley catheter was inserted.
        05:10: Creatinine was 2.0 up from 1.3 on admission; BUN was 20 up from 12 on admission, potassium was 4.3 up from 3.0 on admission, WBC 11.0, Hb 11.8.
        07:00: Temperature (T) 98.2, blood pressure (BP) 91/51, heart rate (HR) 66, O2 saturation 88%
        14:30: On-call physician ordered colonoscopy, computed tomography scans of the abdomen and pelvis for the following day.
        15:00: T 96.5, HR 137, BP 108/56, O2 saturation 89%
        18:00: Input/output since 0600 was 2381 mL in and 150 mL out.
        20:00: T 96.5, BP 90/60, HR 131, O2 saturation 88%
                The patient had to be aroused with a sternal rub to administer oral medication.
    No physician wrote progress notes on this day.
    Day 3
    Physicians were given details of deterioration on day 3.
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    Table 3.

    Questions for Physicians

    1.What is your differential diagnosis for this patient (with probabilities) at the time of hospital admission? Please explain why you think the first diagnosis in your differential is most likely.
    2Are there any diagnostic tests or consultations that should be ordered at this time? Please explain.
    3Please indicate any additional diagnostic tests or referrals you would have ordered for this patient and at what stage you would have ordered them. Only list those tests or referrals you consider critical for the care of the patient.
    4Please comment on any other aspects of the care that may have had important consequences for the patient.
    5How would you rate the quality of the hospital care provided by the primary physician?
    TerribleMinimally acceptableExcellent
    1234567
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    Table 4.

    Physician Responses to Survey

    Random IMS survey (n = 18)Academic Family Medicine Faculty(N = 16)P Values Randomly Selected Physicians versus Academic FM Faculty
    Overall care unacceptable (<4)89%100%0.17
    Overall care near terrible (1 or 2)78%94%0.19
    Patient has an acute abdomen based on initial data available on admission100%100%NS
    Peptic ulcer disease—first diagnosis in differential22%44%0.18
    Peptic ulcer disease—anywhere on the differential diagnosis50%63%0.46
    Recommends surgical consult on admission100%81%0.05
    Recommends CT on admission100%88%0.12
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The Journal of the American Board of Family Practice: 18 (6)
The Journal of the American Board of Family Practice
Vol. 18, Issue 6
November-December 2005
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An Alternative Method of Determining Standard of Care in Alleged Cases of Malpractice
Mark A. Graber, Arthur Hartz, Paul James, Andrew Nugent, Michael D. Green
The Journal of the American Board of Family Practice Nov 2005, 18 (6) 453-458; DOI: 10.3122/jabfm.18.6.453

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An Alternative Method of Determining Standard of Care in Alleged Cases of Malpractice
Mark A. Graber, Arthur Hartz, Paul James, Andrew Nugent, Michael D. Green
The Journal of the American Board of Family Practice Nov 2005, 18 (6) 453-458; DOI: 10.3122/jabfm.18.6.453
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