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The relationship between physician behaviors and blood gas values in the first hours of life--implications for "standards" of medical care for infants with respiratory distress.

It is standard practice for physicians to use blood gas (BG) evaluations when evaluating neonates with respiratory distress. In this study we addressed two questions: (1) What is the distribution of BG values in a population of infants receiving BG evaluation in the first 4 hours of life; and (2) How does the behavior of physicians correlate with BG values in these infants? We discuss the implications of our findings for claims about "standards" of medical care for newborn infants with respiratory distress. We reviewed medical records for 226 infants with birthweight > 2000 grams who were not intubated at the time of first BG determination. For 199 arterial samples, mean values were pH = 7.31 +/- 0.9 (SD); PaCO2 = 38.5 +/- 11.9 torr; PaO2 = 104 +/- 52 torr; and base excess (BE) = -6.5 +/- 3.8 mEq/L. These values did not differ significantly from previously published data for normal term infants without respiratory distress. However, the a/A ratio (0.45 +/- 0.19) for patients in our distressed population was significantly lower than reported for normal infants (0.65 +/- 0.10). For 186 infants admitted directly to our Newborn Intensive Care Unit, the elapsed time from birth to BG 1 was 1.07 +/- 0.64 hours. This value did not vary significantly as a function of severity of illness, assessed by pH, PaCO2, PaO2, a/A ratio, or BE. No blood gas parameter was simultaneously sensitive and specific for predicting subsequent mechanical ventilation. PaCo2 1 > 80 torr was associated with subsequent mechanical ventilation in 4 of 4 infants; however, the positive predictive value of PaCO2 1 was < 50% for levels below 80 torr, and only 4 of 22 infants eventually intubated were identified by a value of PaCO2 1 > 80 torr. The power of "abnormal" values of PaO2, a/A ratio, pH, or BE to predict subsequent intubation was even lower than PaCO2. Jurors in medical malpractice cases are instructed to define negligence as a deviation from the "skill and care ordinarily used in similar cases," and to determine the existence or absence of negligence guided by the testimony of "expert" witnesses. Recognizing that anecdotal recall of experience, even by "experts," may be inaccurate and is often systematically biased (the "Monday morning quarterback" phenomenon), we propose that the testimony of expert witnesses ought to conform, whenever possible, to a data-based description of medical care that actually is "ordinary used in similar circumstances". Our current observations suggest that (1) expert opinions of the "standard" to evaluate neonatal respiratory distress with a BG sample should reflect that the time scale is 1 to 2 hours, not 10 to 20 minutes; and (2) expert opinions that "abnormal" BG values either "require" or "preclude" intubation for most newborn infants with respiratory distress find little support in data. Clinical observation, not BG values, appears to be the most powerful "standard" by which physicians determine whether to initiate mechanical ventilation for newborn infants with respiratory distress.

Blood Gas Analysis↗

Malpractice in gynecologic cytology: a need for expert witness guidelines.

The malpractice claims activity in anatomic pathology has sharply increased in recent years. On a relative and absolute basis, a leading area of increase for claims is cervicovaginal (Pap smear) cytology. As never before, pathologists are faced with the threat of litigation and acting as defendants in medical-legal actions. Defending claims of malpractice in Pap smear litigation can be difficult. The expert witness for the plaintiff often performs a selective retrospective review of the Pap smear of the plaintiff, compared with the screening examination performed by the defendant. In addition, it is unclear whether atypical or dysplastic cells are within the standard of practice and should be discovered by the Pap smear screener. A proposal for a forum to develop guidelines for expert witness testimony in Pap smear cytology is discussed.

Expert Testimony↗

The expert medical witness: concerns, limits, and remedies.

The problems associated with inaccurate, misleading, or biased testimony from expert witnesses are well known. Expert witnesses are actively pursued for their views, their presentation style, and their willingness to tailor their testimony according to the particular needs of the case.

Credentialing↗

Fixed vs. flexible neuropsychological test batteries under the Daubert standard for the admissibility of scientific evidence.

In Chapple v. Ganger, (1994), the Daubert standard was applied for the very first time to the use of fixed (standardized) versus flexible (nonstandardized) neuropsychological test batteries in the federal court. In this personal injury case the Chapple court gave far greater weight to the results obtained from a fixed battery than to the results obtained from two flexible neuropsychological test batteries. Significantly, under the Daubert standard the District Judge noted the lack of medical and scientific evidence to support the conclusions made by the Plaintiffs' two expert witnesses, a psychologist and a neuropsychologist, even though each had administered a comprehensive and flexible neuropsychological test battery and had based their conclusions on the test results. However, the Judge accepted as scientific evidence the objective test results obtained from the fixed Halstead-Reitan Neuropsychological Test Battery for Older Children administered by the Defendants' expert witness Dr. Ralph Reitan and also accepted his scientific expert medical testimony which was closely derived from these data. Applying the Daubert standard to the neuropsychological test results and opinions of the expert witnesses, the District Judge held that the entire reasoning process and not simply part of the reasoning process upon which the expert witness derives a conclusion must reflect scientific methodology.

Criminal Law↗