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The significance of time factors in cerebral palsy litigation.

OBJECTIVE: to demonstrate the significance of the lengths of time taken to initiate and conclude litigation concerning cerebral palsy. DESIGN: documentary analysis of 142 closed legal files (92 Scottish; 50 English) relating to births from 1980-1996. Claim outcome, and the dates of birth, legal notification and conclusion of the claim, were analysed using Microsoft Excel. SETTING: health service legal offices in Scotland and England. FINDINGS: successful claims were raised more quickly (on average two years compared with 3.6 years for unsuccessful claims). They also took longer to be decided (six years compared with three years). On average the children of successful and unsuccessful litigants were, respectively, 7.8 and 6.6 years old by the time the claim was decided. Over the period studied there was a steady reduction in the length of time taken to initiate litigation, although successful claims were on average raised more quickly. Overall success rate was 27%. CONCLUSIONS/IMPLICATIONS FOR PRACTICE: most cerebral palsy claims do not satisfy the requirements of the law of medical negligence. Lengthy periods of time are involved irrespective of outcome: while successful litigants continue to sue more quickly, their claims take longer to be resolved. The extensive period from birth to closure of claim, and uncertainty over the legal outcome, may cause significant distress for practitioners and parents of children with cerebral palsy. Knowledge of the likely duration of the legal process can help practitioners and the families involved to come to terms with this important feature of litigation. Health service claims managers may also be helped in terms of understanding the more likely duration (and therefore cost implications) of cerebral palsy claims. For successful litigants there are questions about the justice of having to wait, on average, nearly eight years for compensation.

Cerebral Palsy↗

The impact of wording in "Dear doctor" letters and in black box labels.

OBJECTIVES: The Food and Drug Administration and pharmaceutical manufacturers use "Dear doctor" letters to alert physicians about drug safety. To determine how such warnings may be improved, we retrospectively examined how variations in the wording of one series of "Dear doctor" letters affected their impact on concomitant dispensing of cisapride (Propulsid; Janssen Pharmaceutica, Titusville, NJ) and several medications contraindicated for concomitant use. METHODS: Concomitant dispensing was defined as dispensing cisapride and a contraindicated medication on dates when the intended duration of the two dispensings overlapped on at least 1 day. Using outpatient pharmacy claims from a New England health insurer, we calculated a concomitant dispensing rate for each calendar month as the number of concomitant cisapride dispensings divided by the total number of cisapride dispensings. We grouped drugs contraindicated for concomitant use with cisapride as (1) explicitly named in the warnings, (2) only mentioned as examples of a drug class, or (3) only implied as drug class members. We used multivariate analysis to relate temporal changes in concomitant dispensing rates to type of warning (explicit, example, or implied), patient demographic characteristics, season, calendar year, and temporal relationship to the "Dear doctor" warnings. RESULTS: A highly publicized letter sent in June 1998 was associated with a notable decline (58%) in the concomitant dispensing rate with explicitly contraindicated drugs but not in the concomitant dispensing of cisapride with the example or implied drugs. An earlier letter, which had been explicit but was accompanied by less publicity, had no measurable effect on this study's measure of coprescription, nor did a later letter that emphasized comorbidities. CONCLUSIONS: Explicit, well-publicized drug warnings can change prescriber behavior.

Adverse Drug Reaction Reporting Systems↗

Trends in hospital treatment of ventricular arrhythmias among Medicare beneficiaries, 1985 to 1995.

BACKGROUND: Treatment options for patients with ventricular arrhythmias have undergone major changes in the last 2 decades. Trends in use of invasive procedures, clinical outcomes, and expenditures have not been well documented. METHODS: We used administrative databases of Medicare beneficiaries from 1985 to 1995 to identify patients hospitalized with ventricular arrhythmias. We created a longitudinal patient profile by linking the index admission with all earlier and subsequent admissions and with death records. RESULTS: Approximately 85,000 patients aged > or =65 years went to hospitals in the United States with ventricular arrhythmias each year, and about 20,000 lived to admission. From 1987 to 1995, the use of electrophysiology studies and implantable cardioverter defibrillators in patients who were hospitalized grew substantially, from 3% to 22% and from 1% to 13%, respectively. Hospital expenditures rose 8% per year, primarily because of the increased use of invasive procedures. Survival improved, particularly in the medium term, with 1-year survival rates increasing between 1987 and 1994 from 52.9% to 58.3%, or half a percentage point each year. CONCLUSION: Survival of patients who sustain a ventricular arrhythmia is poor, but improving. For patients who are admitted, more intensive treatment has been accompanied by increased hospital expenditures.

Aged↗

Improving the outcomes of carotid endarterectomy: results of a statewide quality improvement project.

OBJECTIVE: The purpose of this study was to establish the statewide outcomes for carotid endarterectomy (CEA) and to facilitate improvement in outcomes through feedback, peer discussion, and ongoing process and outcome measurement. METHODS: The Medicare Part A claims files were used to identify all Medicare patients undergoing CEA in Iowa during two 12-month time periods (January 1994-December 1994 and June 1995-May 1996). Medical record abstraction was used to obtain surgical indications, perioperative care process, and outcome information. Confidential reports were provided to each hospital (N = 30) where the procedure was performed. Surgeons performing the procedure (N = 79) were invited to meetings to discuss care process variation and outcomes. Voluntary participation was solicited in a standardized program of ongoing hospital-based data collection of CEA process and outcome data. RESULTS: The statewide combined stroke or mortality rate decreased from 7.8% in 1994 to 4.0% in the 1995 to 1996 time period (P <.001). Fourteen hospitals, accounting for 74% of the statewide cases, participated in ongoing data collection. The combined stroke or mortality rate in these hospitals decreased significantly (P <.05) over time from 6.5% (1994) to 3.7% (1995-1996) to 1.8% (June 1997-May 1998). The use of intraoperative assessment of the operative site (20% in 1994, 46% in 1997-1998) and patch angioplasty (14% in 1994, 30% in 1997-1998) increased significantly during this time in the participating hospitals. CONCLUSIONS: Confidential feedback of outcome and process data for CEA may lead to change in perioperative care processes and improved outcomes. Standardized community-based outcome analysis should become routine for CEA to ensure that optimum results are being achieved.

Aged↗

Goldratt's Thinking Process applied to medical claims processing.

The business operations of an insurance claims processing center and the healthcare industry it serves are complex in nature. The authors describe the process of claim filing and adjudication in a claims processing center, apply Eliyahu Goldratt's Thinking Process to that scenario, and recommend changes to improve the defined processes.

Decision Theory↗

A study of benzodiazepine users claiming drug-induced psychiatric morbidity.

To ascertain whether benzodiazepines (BZDs) cause behavioural side effects other than those already known or trigger latent mental illness processes, the medical records of 32 patients who had submitted claims for BZD-induced side effects to the Swedish Pharmaceutical Insurance (SPI) claims office during 1985-92 were re-assessed by two psychiatrists on the basis of the DSM-IV system to determine whether a psychiatric syndrome existed before, during, or after the prescription of BZDs. Of the 32 case reports entered into the study, 22 concerned women; mean age at the time of SPI claim submission was 47 years, and the mean duration of BZD treatment was 11.7 years. The BZD dosages were in most cases within recommended therapeutic limits. Twenty-five claimants had also been using other psychotropic drugs. In 28 of the 32 cases a psychiatric syndrome in accordance with DSM-IV was present before the start of BZD treatment-in most cases an anxiety syndrome or anxious personality trait. In the other four cases no diagnosis could be given owing to paucity of information. In the 12 cases of claimants who fulfilled BZD dependence criteria at some point during treatment, withdrawal syndromes might have affected the clinical picture to some extent. Four claimants received additional post-BZD-treatment Axis I diagnoses, but in all four cases the new diagnoses were clearly related to the pre-existing symptom pattern. Thus, apart from the dependence on the drug there was no evidence of psychiatric morbidity caused by the BZDs. The symptoms reported by the claimants as evidence of BZD-induced psychiatric morbidity seem in most cases to have been a feature of pre-existing psychopathology which became more manifest after discontinuation of BZD treatment.

Adult↗

Health care utilization by patients with temporomandibular joint disorders.

The claims data base of a large New England managed care organization was used to compare the health care utilization patterns of patients with TMJ disorders to non-TMJ subjects. Inpatient, outpatient and psychiatric claims data were examined over a wide range of diagnostic categories. Age and sex adjusted results showed that, overall, patients with TMJ disorders were greater utilizers of health care services and had higher associated costs than non-TMJ subjects. For some of the major diagnostic categories, such as nervous, respiratory, circulatory, and digestive, the inpatient and outpatient claims differences in utilization and costs were as large as 3 to 1. For only one diagnostic category, pregnancy and childbirth, were utilization and costs greater for non-TMJ subjects than TMJ patients. The psychiatric claims for TMJ patients exhibited differences that were at least twice as large as those for the non-TMJ subjects.

Adolescent↗

Natural rubber latex allergy workers' compensation claims: Washington State healthcare workers, 1991-1999.

Occupational reaction to natural rubber latex experienced by healthcare employees was examined using data of all workers' compensation claims filed by state-insured healthcare employees in Washington State for the period 1991-1999 (n = 65,703). As latex reaction is not a condition for which there are specific identification codes, these claims were estimated by coupling source and nature of injury records that were consistent with reactions to latex. It was found that the claim rate was on average 2.66 per 10,000 state-insured healthcare workers annually. The most common condition experienced was dermal (84.3%), and most common body part affected was the hand (70.0%). Because few claims cited respiratory or conjunctivitis as reaction experienced, little evidence was discovered to support that glove powder acted as a widespread latex allergen transmitter in healthcare environments. Most cases did not require indemnity payment for lost work time (81.2%), suggesting most reactions were minor. The average cost per natural rubber latex claim was $2,759.10, compared to $3,178.18 for the average healthcare worker claim for all causes. Overall, the average cost per state-insured healthcare worker employed during this time was under $0.74 per year. Nursing aides/orderlies were the most frequent healthcare occupation filing a claim (33.2%). The majority of claimants were female (87.9%), and unmarried workers (52.0%) filed slightly more claims than married workers (48.0%). In comparison with other workers' compensation claims filed by healthcare workers during this period, 0.34 percent of the total was potentially related to natural rubber latex, with other common healthcare workplace items cited more frequently as source of occupational injury.

Adolescent↗

The Fake Bad Scale and MMPI-2 F-family in detection of implausible psychological trauma claims.

We tested the validity of the Lees-Haley Fake Bad Scale (FBS) and the family of MMPI-2 F scales (F-family; F, F(p), and F-K scales) in predicting improbable psychological trauma claims in an applied setting. Litigants reporting implausible symptoms long after minor scares and nonlitigants clinically referred following severe stressors completed the MMPI-2. Both groups were naturally matched on social class. The FBS demonstrated sensitivity, specificity, and positive predictive power in the detection of atypical problems but the F-family showed poor utility. FBS cutting scores derived from logistic regression were applied to a third group made up of litigants with histories of undeniably severe traumas. A substantial number of this third group scored above cutoffs for exaggeration, but this finding is ambiguous. Reasons for the F-family's insensitivity to real-world exaggeration may include using student simulators for validation and content reflective of psychotic simulation. The superiority of the FBS in applied forensic settings could derive from its development in actual litigants and content reflective of nonpsychotic exaggerations. The FBS appears acceptable for use in applied forensic settings where persons seek compensation for nonpsychotic syndromes.

Adult↗

Mild traumatic brain injury after traffic collisions: a population-based inception cohort study.

OBJECTIVE: To study the incidence and claim closure of traffic-related mild traumatic brain injury and the effect of insurance factors. DESIGN: Population-based, cohort study of mild traumatic brain injury caused by traffic collisions in Saskatchewan, Canada, between July 1, 1994 and December 31, 1995. On January 1, 1995 the insurance law changed from tort to no fault. SUBJECTS: 657 adults, 18 years or older, who hit their head and indicated loss of consciousness or uncertain loss of consciousness and were not hospitalized for more than 2 days. METHODS: Subjects entered the cohort on the injury date and exited on the day the insurance claim closed, or on November 1, 1997, when remaining open claims were censored. All 657 subjects answered a baseline questionnaire, and 479 who did not reopen their claim were included in the follow-up. The relationship between claim closure and health was studied in 225 (47%) of these claimants. RESULTS: The 6-month incidence dropped from 36/100,000 to 27/100,000 after the insurance change. The median time-to-claim closure dropped from 408 days to 233 days. Prolonged claim closure was associated with both injury and insurance-related factors. Claim closure occurred faster when claimants' health improved. CONCLUSIONS: Mild traumatic brain injury incidence and claim closure is affected by both health and insurance-related factors.

Accidents, Traffic↗

Merging claims databases with a tumor registry to evaluate variations in cancer mortality: results from a pilot study of 698 colorectal cancer patients treated at one hospital in the 1990s.

BACKGROUND: Prognostic models are essential for evaluating variations in cancer mortality statistics. While cancer stage is the most widely accepted and commonly used predictor of survival for cancer, electronic claims databases contain large amounts of information on cancer patients. Previous studies have used Medicare databases and tumor registry information from the Surveillance Epidemiology and End Results data sets to evaluate variations in outcomes for older cancer patients. We evaluated if similar analytic efforts could be carried out with readily available data sets for colorectal cancer patients of all ages who received care at a single hospital during the 1990s. METHODS: Hospital tumor registry and discharge claims data for patients at one mid-western hospital with surgically treated stage I-III colorectal cancer from 1990-1998 were used to model survival. Kaplan-Meier logrank tests and Cox proportional hazards models tested the statistical significance of demographic, operative, and clinicopathological factors as predictors of survival. Survival probabilities also were compared to U.S. population life table data to determine if survival deficits were larger for younger cancer patients. RESULTS: Of the 698 colorectal cancer patients, overall five-year survival probability was 65%, with a median follow-up of 44.7 months. Factors associated with higher relative risks of death included sociodemographic characteristics [female gender (1.5, 95% CI: 1.1-1.9), ages 70-79 years (1.7, 95% CI: 1.2-2.3), and > or = 80 years (3.3, 95% CI: 2.4-4.7) as compared to younger patients], clinical characteristics [moderate (1.5, 95% CI: 1.1-2.1) or severe (2.1, 95%: 1.4-3.2) comorbid illness, as compared to mild or no comorbid illnesses and emergency admission (2.1, 95% CI: 1.5-2.9)], pathological characteristics [positive surgical margins (3.5, 95% CI: 2.3-5.3): and higher cancer stage (stage II RR = 1.5, 95% CI = 1.1-2.2; stage III RR = 2.2, 95% CI = 1.5-3.2), as compared to stage I]. A comparison to the age- and gender-matched survival probabilities of the general population demonstrated similar deficits in survival for older patients (> or = 70 years) and younger patients (< 70 years). CONCLUSIONS: While cancer stage is a reliable predictor of survival, other sociodemographic and clinical data elements can improve the evaluation of expected survival rates for patients with surgically resectable colorectal cancers. To facilitate comparative interpretations of mortality data, consideration should be given to merging hospital discharge claims data sets with tumor registry information in a manner analogous to that which has been done for older cancer patients who are covered by the Medicare program.

Adult↗