Market Fundamentalism and the Denial of Conflicts of Interest, and of Worse Offenses

While we often point out the pervasiveness of conflicts of interest in medicine and health care, and the likely ill effects of this state of affairs, it seems that the powers that be in health care tend to airily dismiss conflicts of interest as at most a minor problem that needs management (e.g., look here.) 

How Market Fundamentalist Ideology Nullifies the Concept of Conflicts of Interest

On the Hooked: Ethics, Medicine and Pharma blog, Dr Howard Brody discussed how application of the reigning orthodoxy in economics, sometimes called neoliberalism, market fundamentalism, or economism, can be used to dismiss the concept of conflicts of interest.

Basically, supporters of market fundamentalism et al seem to assume that all markets are idealized free markets, and that free markets are like a super computer combining all human thought to provide wisdom in the form of price information.  Furthermore, since the market is based on supposedly rational choices made by free individuals, one cannot go back to question such choices.

 So when, for example, an academic physician makes the "free choice" to accept thousands of dollars from a drug company as a "market consultant," and then also gives talks about clinical topics that happen to favor that drug company's products, such choices cannot be questioned.  Therefore, the notion that these choices constitute a conflict of interest, and that the choice to accept the drug company money in particular might increase the likelihood of abuse of the physician's entrusted responsibility to make the best decisions for individual patients, and to teach other physicians honestly and without bias, essentially makes no sense within this framework.

Dr Brody further enlarged on the internal contradictions within the ideology of neliberalism/ market fundamentalism/ economism, in another post on his Economism Scam blog.

Of course, the ideology seems to ignore the possibilities that 1) people's choice may not be free, may not be rational, and may not be based on coldly rational cognition and the best possible knowledge; and 2) one person's economic choice may limit another person's choices, or directly harm another person.

 By Extension, Fraud and Corruption Denialism

Furthermore, not only does neoliberalism et al seem to deny the existence of meaningful conflicts of interest, it also could be used to deny the meaningful existence of deceptive marketing, of market domination through oligopoly or monopoly, and then of outright fraud, bribery, and extortion. 

See for example how former US Federal Reserve chairman Alan Greenspan seemed to deny the existence of fraud, which he asserted would always be nullified by the ideal market.  As we posted here, according to an article in Stanford Magazine,  Greenspan told Ms Brooksley Born, the federal regulatory agency head who tried to develop some effective regulation of financial derivatives,

'Well, you probably will always believe there should be laws against fraud, and I don’t think there is any need for a law against fraud,' she recalls. Greenspan, Born says, believed the market would take care of itself.

By further extension, market fundamentalism could be used to deny the evils of chattel slavery.

The Conflicted as Defenders of Conflicts of Interest

Finally, notice that neoliberalism/ market fundamentalism/ economism ideology seems to have conveniently been adopted by pundits, both in economics and in medicine and health policy who may be personally profiting from conflicts of interest on one hand, and whose conflicts seem to arise from payments from large corporations whose management seem to be personally profiting even more so. 

For example, we have discussed examples of how defenders of existing financial relationships - which in my humble opinion are actually conflicts of interest - employ logical fallacies to make their points.  Some of these defenders seem to have obvious conflicts of their own (for example, this post included examples of physicians rationalizing their financial ties to drug companies,  and this post included fallacies employed by a current medical school leader, but former extremely well paid biotechnology company executive.).  On the other hand, I have yet to find a logical, reality-based defense of these conflicts of interest made by anyone who demonstrably does not have such conflicts of their own.  

Summary

Human beings have been wrestling with corruption since the dawn of history.  There are ancient arguments against bribery in the Bible  (e.g., in the Old Testament, in Exodus and Deuteronomy), and fraud (e.g., in Leviticus, the Proverbs, and the Gospel of Mark).  One can argue that a fundamental purpose of civilization is to reduce self-serving misbehavior such as bribery, fraud, and extortion, and other varieties of corruption.  The notion that free markets make the concepts of fraud, and of conflicts of interest (that are risk factors for corruption - look here) meaningless is nothing more than school playground sophistry.

To truly reform health care, we need to return it from its current Wild West mentality to a state more resembling civilization.  We need to reject silly notions that free markets erase the concepts of conflict of interest, or of fraud, or of other aspects of corruption.     


Study Explains Errors Caused by EHR Default Values - With Only Four Reports of "Temporary" (By the Grace of God) Patient Harm

From Health Data Management and the Pennsylvania Patient Safety Authority:

Study Explains Errors Caused by EHR Default Value
Sept. 5, 2013

A new study analyzes errors related to “default values” which are standardized medication order sets in electronic health records and computerized physician order entry systems.

The Pennsylvania Patient Safety Authority, an independent state agency, conducted the study. “Default values are often used to add standardization and efficiency to hospital information systems,” says Erin Sparnon, an analyst with the authority and study author. “For example, a healthy patient using a pain medication after surgery would receive a certain medication, dose and delivery of the medication already preset by the health care facility within the EHR system for that type of surgery.”

These presets are the default value, but safety issues can arise if the defaults are not appropriately used. Sparnon studied 324 verified safety reports, noting that 314, or 97 percent, resulted in no harm. Six others were reported as unsafe conditions that caused no harm and four reports caused temporary harm involving some level of intervention.

One might ask:  how many unreported or yet-to-be-reported EHR/CPOE cases involved, or will involve, permanent harm?

Sept. 9, 2012 Addendum:  We learn this from Healthcare IT News (http://www.healthcareitnews.com/news/ehr-adverse-events-data-cause-alarm):  "Sparnon said two of the reports involved temporary harm that required initial or prolonged hospitalization."  I note that hospitalization, especially prolonged hospitalization, exposes the patient to still more risk.

Regarding the "temporary harms", one which includes "default times" as opposed to doses:

The four cases requiring intervention involved accepting a default dose of a muscle relaxant that was higher than the intended dose, giving an extra dose of morphine [keep playing with 'extra doses' of drugs like morphine enough, and you're going to kill someone  - ed.] because of an accepted default administration time that was too soon after the last dose, having a patient’s temperature spike after a default stop time automatically cancelled an antibiotic [do this enough, and you're going to get sepsis and septic shock to deal with - ed.] and rising sodium levels in a patient because confused wording made nurses believe that respiratory therapy was administering an ordered antidiuretic. [Apparently the 'default'- ed.]

More on the errors:

The most common types of errors in the study were wrong time (200), wrong dose (71) and inappropriate use of an automated stopping function (28). 

Any of these, especially the latter two, could have caused harm depending on degree...and to those Risk Management majors out there, eventually will.

 “Many of these reports also showed a source of erroneous data and the three most commonly reported sources were failure to change a default value, user-entered values being overwritten by the system and failure to completely enter information which caused the system to insert information into blank parameters,” Sparnon says. 

Hence my claim that the term "EHR" is anachronistic, and that these systems now are really cybernetic command-and-control mediators and regulators of care (via cybernetic proxy).

“There were also nine reports that showed a default needed to be updated to match current clinical practice.”

The need for a constant, rigorous updating process (which will in the real world likely always be 'behind'), among many others, is a factor that makes the idealistic belief/promise that "health IT will save money and increase safety" (let alone "revolutionize" medicine) unpersuasive.

I note that the "default values" risk is only one of many, many "features" of EHRs and other clinical IT that cause risk and error.  This issue is but one layer of a very, very large and multi-layered onion (cf. AHRQ Health IT Hazards Manager, http://healthit.ahrq.gov/sites/default/files/docs/citation/HealthITHazardManagerFinalReport.pdf, for example).

And this, at the same time that the The HIT Policy Committee, a body of industry stakeholders who advise federal officials, on Sept. 4 adopted final recommendations on health IT risk consistent with an attitude of health IT exceptionalism that included:

"HIT should not be subject to FDA [or any - ed.] premarket requirements" and "Vendors should be required to list products which are considered to represent at least some risk if a non-burdensome approach can be identified."  

If not, no list? ... And what, exactly, is a "non-burdensome" approach, one might ask? 

(See www.healthdatamanagement.com/news/health-information-technology-regulation-fda-onc-fcc-46557-1.html)

 ------------------

Perhaps the penalty for health IT hyperenthusiasts**, short of the Biblical penalty of one of their loved ones suffering the fate of a guinea pig in a medical experiment, should be to be compelled to fly some third rate air carrier with a safety record of "we only had a few near-crashes last month."

-- SS

** [See definition of health IT hyperenthusiast at Doctors and EHRs: Reframing the 'Modernists v. Luddites' Canard to The Accurate 'Ardent Technophiles vs. Pragmatists' Reality' at http://hcrenewal.blogspot.com/2012/03/doctors-and-ehrs-reframing-modernists-v.html]
 

Need to relax? How meditation can help you stay calm


By ElanaMiller, M.D., Resident Psychiatrist, UCLA Follow @ElanaMD 


Arshya Vahabzadeh, M.D., Resident Psychiatrist, Harvard University/Mass.General/McLean






For many of us, daily
life doesn't lend itself well to relaxation and reflection. We find ourselves
running around from task to task. We wake up hurriedly, rush to work, get
bombarded with calls and emails throughout the day, speed through meals, try to
fit in a workout, and schedule time with friends / spouses / kids. . . which leaves us with little to zero time for ourselves. 
It's a tough way to live, day in and day out.
Meditation is one tool we can use to find some calm.






Put simply, meditation
is the practice of focused, mindful attention. One starts focusing on the
breath, following the breath in and out. Inevitably, we get distracted, and our
mind wanders: Did I feed the dog? That was so annoying what Bill did at
work today. Oh, I'm getting distracted, I'm so bad at meditating! 






This is okay - and even expected. When the mind wanders we simply bring the focus back to the breath. When a very strong emotion of physical sensation calls our attention
away, we can make that sensation the new object of meditation, watching as it
gets stronger or weaker. When the sensation isn't so strong anymore, we return
to the breath. 
Training the mind is like training a puppy - when it runs
away, we bring it back, over and over.





So how does this simple
practice help cultivate relaxation in daily life?





1. Meditation helps you stay in the present





So much of our time is
spent in the past and the future that we rarely are present in the moment. We
spend so much time remembering, regretting, planning, and worrying that we miss
the moments of joy and spontaneity that are right in front of us.






Meditation helps train
the mind to focus on the present moment. Instead of regretting things we can't
change, or worrying about bad things that haven't even happened yet, we can
learn to accept and appreciate our current circumstances.






2. Meditation teaches you how to redirect your mind





Sometimes we get caught
up thinking (obsessing!) about a big problem, and we have the idea that if we just think
hard enough we can solve it - but that's rarely the case. The best insights
usually come in those "in between" moments - in the shower, when
you're driving, when you're enjoying a cup of tea.





But even if we're aware
that worrying and ruminating won't solve our problems, we don't know how to
shut our minds off. Meditation can teach you this skill! Like any skill, it
requires practice. But with dedicated practice, even five or ten minutes a day,
we can learn how to let go of worries and redirect our mind to the present
moment.




3. Meditation teaches you to be more aware of your thoughts and
emotions





Too often we have a
thought and react to it without considering why. We get angry at someone and
start yelling. We hear a critical remark and get defensive. Instead of taking
our thoughts and assumptions as facts and immediately reacting (possibly saying
or doing something we'd regret), we can pause and consider what's really going
on. 





Maybe we feel angry but
are really hurt. Maybe we feel defensive because part of what the other person
said is true. Meditation teaches us to be more aware of our deepest
thoughts and emotions, so that we can choose to react to conflict in a wise
way.





4. Meditation helps you tolerate difficult emotions





Some people have a
misunderstanding that meditation somehow helps you get rid of all negative
emotions - after all, isn't that what enlightenment is?





The truth is, though,
that painful emotions like sadness, anger, and shame are part of being human. We
make things worse when we fight against these emotions or blame ourselves for
having them.





Instead of getting
caught up in the narratives of our emotions, we can learn to experience them
just as they are. Anger can feel like a tightness and burning of the chest.
Shame can be a flushed feeling of the face and churning feeling in the stomach. Meditation teaches us to experience these emotions without getting caught
up in the story.






Does Meditation really
work? What are the basic elements?





According to a
government survey, almost 1 in 10 adults use meditation each year to help them
cope with conditions such as anxiety, depression, pain, stress, insomnia, and
symptoms associated with chronic illness. It is believed that meditation can
improve the ability to focus attention and improve how we handle our emotions.
These improvements may have broader benefits for our daily lives including
personal relationships.





Researchers have linked
meditation to some beneficial changes in the human body. Some experts have
suggested that meditation may dampen down our body’s sympathetic nervous
system, the system responsible for our “fight or flight” response. There is
also continuing interest on how meditation can alter different parts of the
brain, although the answer remains unclear and research is ongoing.





The National Center for Complementary and Alternative Medicine, a federally funded research organization, suggests that there are several elements that are important when you are trying any type of meditation. These elements include finding a quiet location, a comfortable posture, being able to focus your attention, and having an open attitude to the experience.





Interested in learning
more about how meditation can help you lead a happier and more relaxed life?





Check out zenpsychiatry.com where Elana Miller, M.D., blogs about
integrative strategies to be happy, live well, and fulfill your greatest
potential. To get tips and helpful advice sent straight to your inbox, sign up
for her
free newsletter.






Setback for Sutter after $1B EHR crashes (in followup to post "RNs Say Sutter’s New Electronic System Causing Serious Disruptions to Safe Patient Care at East Bay Hospitals")

At my July 12, 2013 post "RNs Say Sutter’s New Electronic System Causing Serious Disruptions to Safe Patient Care at East Bay Hospitals" (http://hcrenewal.blogspot.com/2013/07/rns-say-sutters-new-electronic-system.html) I reproduced a California Nurses Association warning about rollout of an EHR at Sutter:

RNs Say Sutter’s New Electronic System Causing Serious Disruptions to Safe Patient Care at East Bay Hospitals

Introduction of a new electronic medical records system at Sutter corporation East Bay hospitals has produced multiple problems with safe care delivery that has put patients at risk, charged the California Nurses Association today.

Problems with technology are not unique to health care ...  [What is unique to healthcare IT is the complete lack of regulation - ed.]

In over 100 reports submitted by RNs at Alta Bates Summit Medical Center facilities in Berkeley and Oakland, nurses cited a variety of serious problems with the new system, known as Epic. The reports are in union forms RNs submit to management documenting assignments they believe to be unsafe.

Patient care concerns included computerized delays in timely administration of medications and contact with physicians, ability to properly monitor patients, and other delays in treatment.  Many noted that the excessive amount of time required to interact with the computer system, inputting and accessing data, sharply cuts down on time they can spend with patients with frequent complaints from patients about not seeing their RN.  [Note: patients are not given the opportunity for informed consent about the risks, nor opt-out of EHR use in their care - ed.]

In related posts I'd observed such concerns being ignored by hospital management.  See header of the aforementioned post.

Now we have this:  a major system crash.

Healthcare IT News
Setback for Sutter after $1B EHR crashes
'No access to medication orders, patient allergies and other information puts patients at serious risk'
 
Worse, clinicians must now serve their Cybernetic Master to perfection, or be whipped (apparently to improve morale):

... "We have been on Epic for 5 months now, and we can no longer have incorrect orders, missing information or incorrect or missing charges. Starting on September 1st, errors made in any of the above will result in progressive discipline," according to another hospital memo sent to staff.

In the setting of dire warnings by the nurses of EHR dangers several months back that were likely largely ignored, if any patient was harmed or killed as a result of this latest fiasco, the corporate leadership has literally begged to be sued for negligence, in my view.

However I'm sure a press release soon will claim that "patient care has not been compromised."

Of course this includes now and moving forward, even with informational gaps all over the place.

-- SS

Aug. 29, 2013 additional thought:

The punishment for not being a 'perfect' user of this EHR is the ultimate "blame the user" (blame the victim?) game, considering the pressures of patient care in hospitals in lean times - partly due to EHR expense! - and EHRs that have not been formally studied for usability and are poorly designed causing "use error" (that is, a poor user experience promotes even careful users to make errors).  Cf. definition of bad health IT:

Bad Health IT ("BHIT") is defined as IT that is ill-suited to purpose, hard to use, unreliable, loses data or provides incorrect data, causes cognitive overload, slows rather than facilitates users, lacks appropriate alerts, creates the need for hypervigilance (i.e., towards avoiding IT-related mishaps) that increases stress, is lacking in security, compromises patient privacy or otherwise demonstrates suboptimal design and/or implementation.

The study of usability is getting underway only now via NIST but will likely be done in an industry-friendly way due to health IT politics.

-- SS

Aug. 29, 2013 addendum

There have been numerous comments over at HisTalk (at http://histalk2.com/2013/08/27/news-82813/) defending the outage as not EPIC's fault.   From the point of view of clinicians - and more importantly, patients - it doesn't matter what component of the hospital's entire "EHR" (an anachronistic term used for what is now a complex enterprise clinical resource and clinician command-and-control system) went down. 

Aside from all the EPIC issues the nurses have been complaining about (see earlier July 12, 2013 post linked above), the larger problem is that IT malpractice occurred.  The term "malpractice" is used in medical mishaps; I see no reason why it does not apply to major outages of mission critical healthcare information technology systems.

IT malpractice in healthcare kills.

These are the types of nurses I'd want caring for me and mine.  Letting this kind of snafu go "anechoic" does not promote proper management remedial education on Safety 101 and on health IT risk, two areas of education that management appears to desperately need in hospitals.

-- SS

Calling Dr. Moe, Dr. Larry and Dr. Curly: Advocate Medical Breach of Four Million Patient Records, and No Encryption

At my Oct. 2011 post "Still More Electronic Medical Data Chaos, Pandemonium, Bedlam, Tumult and Maelstrom: But Don't Worry, Your Data is Secure" (http://hcrenewal.blogspot.com/2011/10/still-more-ehr-chaos-pandemonium-bedlam.html) I thought I'd seen the worst.

Yet another post to add to the category of medical record privacy/confidentiality/security (http://hcrenewal.blogspot.com/search/label/medical%20record%20privacy), however:

Advocate Medical Breach: No Encryption?
Computer Theft Raises Questions About Unencrypted Devices
By Marianne Kolbasuk McGee, August 27, 2013.

The recent theft of four unencrypted desktop computers from a Chicago area physician group practice may result in the second biggest healthcare breach ever reported to federal regulators. But the bigger issue is: Why do breaches involving unencrypted computer devices still occur?

According to the Department of Health and Human Services' "wall of shame" website listing 646 breaches impacting 500 or more individuals since September 2009, more than half of the incidents involved lost or stolen unencrypted devices. Incidents involving data secured by encryption do not have to be reported to HHS.

... The four unencrypted but password-protected computers [passwords on PC's are bypassable by smart teenagers - ed.] stolen during a burglary in July from an office of Advocate Medical Group in Illinois may have exposed information of about 4 million patients, according to an Advocate spokesman.

4 million is about 1.3 percent of the entire U.S. population (about 313.9 million in 2012) ... on just four desktop computers.

Try that with paper ...

As to the subtitle of the article, "Computer Theft Raises Questions About Unencrypted Devices", I've written on that issue before.  I'd noted questions like that are remarkable considering both MacOS and Windows have built-in, readily available encryption, the latter for a few extra $ for the "deluxe version" (see  http://en.wikipedia.org/wiki/FileVault and http://en.wikipedia.org/wiki/Bitlocker).  

Perhaps the best explanation in 2013 for unencrypted desktop PC's containing millions of confidential medical records is this picture, symbolic of the apparent attitudes of corporate and IT management on health IT security:


Encryption?  We don't need no encryption.  We got triple protection already!


-- SS