Archives December 2021

In 2000, the Institute of Medicine (IOM) published a book titled, To Err Is Human: Building a Safer Health System.  Alarming statistics were revealed within this text, referencing that an estimated 98,000 people die annually in the U.S. from medical errors occurring in hospitals.  Medical errors were referenced as the third leading cause of death in the U.S.  Within the text, the IOM outlined a national agenda for reducing medical errors and improving patient safety through the design of a safer health system.  The IOM made broad range recommendations for improving patient safety, in the areas of leadership, improved data collection and analysis, and the development of effective systems at the level of direct patient care. The text reinforced that the problem is not bad people in health care, rather good people working in bad systems that need to be made safer.

In 2016, Johns Hopkins patient safety experts calculated that more than 250,000 deaths annually were due to medical error in the U.S.

The U.S. DOH and Human Services, along with the Agency for Health Care Research and Quality (AHRQ) published a November, 2021 U.S. DOH report referencing strategies to reduce medical errors.

In response to the increase in medical errors, the U.S. DOH and Human Services, along with AHRQ, have proposed the following defense strategies:

• Monitor risk by using analytical approaches to patient safety research, measurement, and practice improvement.
• Monitor patient safety problems by increasing the use of research methodologies
• Implement evidence-based practice in real-world settings supported by useful tools and infrastructure.
• Utilization of patient safety strategies outlined in the National Action Plan by the National Steering Committee for Patient Safety.

Key Highlights:

• The report referenced the importance of developing learning health systems as such healthcare systems are better able to support the integration of the most current evidence to improve care.
• The report referenced the importance of analyzing healthcare data, specific to procedures and patient outcomes to evaluate safe practices and opportunities for improvement.
• The development of a learning healthcare system requires a culture of safety and a shared mental model to drive improvement in clinical practice that is outcomes based. 

To view full report, see the AHRQ.gov link below:

AHRQ.gov: https://psnet.ahrq.gov/issue/strategies-improve-patient-safety-final-report-congress-required-patient-safety-and-quality

HealthcareITnews.com: https://www.healthcareitnews.com/news/feds-point-learning-health-system-key-patient-safety

Institute of Medicine. 2000. To Err Is Human: Building a Safer Health System. Washington, DC: The National Academies Press.https://doi.org/10.17226/9728.

John Hopkins Medicine: https://www.hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us

In this blog, I’ll be identifying case types Barber Medical Legal Nurse Consulting, LLC can review where health, injury, or illness is an issue.

Examples of these case types include:

• Family law (custody battles)
• Probate (when competency is an issue)
• School health (sexual assault by a teacher)
• Americans with Disabilities Act (ADA)
• Employer-employee relationships (wrongful dismissal from employment)
• Sexual harassment
• Right to die
• Social security benefit issues
• Medicare benefit issues
• Physician facility relationship (physician was dropped from an HMO)
• Insurance Issues (reasonableness of a medical bill, relationship of the medical bill to alleged injuries or damages)
• Family Medical Leave Act (FMLA), Paid Family Leave (PFL)
• Healthcare professional board disciplinary actions

Barber Medical Legal Nurse Consulting, LLC screens the medical related issues of the above cases, and identifies if the cases are meritorious.

In this blog, I’ll be sharing another case type Barber Medical Legal Nurse Consulting, LLC has the expertise to review.  Workers’ compensation cases involve job related injuries that arise out of, or in the course of employment.  In workers’ compensation cases, compensation can be obtained secondary to the damages and hardship acquired. 

The claimant (employee) must be able to show that he, or she suffered impairment or incapacity resulting in an inability to earn wages he or she was being paid when the injury was sustained in the same or other employment.

Examples of workers’ compensation cases include: auto accidents, back injuries, injuries involving objects striking workers, cumulative trauma disorders, as well as equipment and machinery related injuries.

In these types of cases, Barber Medical Legal Nurse Consulting, LLC assesses the alleged damages or injuries.  The extent of injuries, damages, and hardship is assessed, as well as the presence of underlying medical conditions that could influence causation.  Factors that caused or contributed to the alleged damages or injuries are identified. 

The 21 years of experience specific to medical record review, allows Barber Medical Legal Nurse Consulting, LLC to efficiently, and thoroughly organize, tab, and paginate medical records.  We identify and review relevant medical records.  Following an objective review of the medical records, Barber Medical Legal Nurse Consulting, LLC summarizes, translates and interprets the medical records.   Strategic literature searches are performed and the literature is integrated into the case analysis.  Upon client request, Barber Medical Legal Nurse Consulting, LLC can be involved in interviewing claimants, consulting with healthcare providers, as well as coordinating and attending independent medical examinations (IME’s).

P.S. Comment and share what has been the most challenging aspect of representing worker’s compensation cases, medically, and/or legally.