Q & A: Mandated care
October 17, 2008
Q. Does the government’s role in mandating medical services, either judicially or legislatively, negatively influence standards of care?
“Absolutely. They have a lot of good intentions, but they’re not working. We’ll have better health care in Massachusetts if we allow the doctors to police themselves. The Massachusetts Medical Society is fine. Tribunals are fine. At this point in time, there should be one moral and ethical mandate: to provide universal health care. Any other regulatory interference with the doctor-patient relationship is negative. I don’t tell lawyers how to practice law, or firefighters how to fight a fire. The U.S. has the resources and the ability to ensure that every sick person receives medical care. Beyond that, get out of my office.”
— Eric Ruby, M.D.
Chief of Pediatrics, Morton Hospital and member of the Mass. chapter of the American Academy of Pediatrics
“In my experience, the state’s role in mandating insurance coverage for medical services has had a 
significant positive impact on the availability of quality patient care. … [W]e must be mindful that legislative mandates may affect premiums. … There is also some concern that mandates for specific methods of treatment may become obsolete or be found ineffective as medical science and technology advance. … Legislators should anticipate the eventual emergence of new technologies and advancements in patient care before approving any new mandate, and they should continue to regularly review existing mandates to ensure their compatibility with current standards of care.”
— Rep. Peter J. Koutoujian,
D-Waltham
Chair of the Joint Committee on Public Health
“I would hope that any legislation concerning mandates would always be driven by applicable medical standards of care, without provisions woven in that reduce patients’ rights to legal recourse if they are victims of inappropriate care. If a piece of legislation results in substandard care due to a cost issue, that’s a problem, particularly for those who cannot advocate for themselves, such as the elderly or the poor. The bottom line is no legislation should obviate the physician’s responsibility to provide the appropriate standard of care. The patient’s right to that care is sacrosanct.”
— Annette Gonthier-Kiely
Medical malpractice attorney, Salem
“There are occasions where the government’s efforts to regulate the provision of medical services, 
including the manner by which individual physicians provide that care, have had a significant deleterious impact on the quality of care provided. My recent experience with some of the policies of the Board of Registration in Medicine speaks loudly to the effect of intrusive regulation on the maintenance of appropriate standards. Professional staff members of the board had created such a hostile environment between licensed practitioners, the government, hospitals and patients that there were a growing number of highly qualified Massachusetts physicians who periodically considered, or decided on, relocating to other jurisdictions. Recent changes in the composition of the Board hopefully will lead to the establishment of a more productive environment.”
—Paul Gitlin
Attorney, Rubin & Rudman, Boston, former chair of the Board of Registration in Medicine
Doctor can be sued for patient’s lost chance of survival
October 17, 2008
In a pair of closely watched cases that significantly expand the types of claims plaintiffs can bring against doctors in medical malpractice cases, the Massachusetts Supreme Judicial Court has decided that state law for the first time will permit “loss of chance” recovery.
Mass. doctor prosecuted for patient’s death
October 17, 2008
As state authorities bring what is believed to be the first-ever criminal prosecution in Massachusetts against a physician for negligence in the treatment of a patient, doctors have yet another source of stress.
Rx for Excellence: Register now!
October 10, 2008
Join us for a special breakfast and ceremony to celebrate the Rx for Excellence award winners at the Taj Boston on October 31, 2008.
Click here to register now.
Click here for a list of all 40 honorees.
Click here to read the profiles of the award winners.
Winners of the 2008 Rx for Excellence Awards
September 10, 2008
LEADERS IN QUALITY
Charlie Baker
President and CEO
Harvard Pilgrim Health Care
Beth Israel Deaconess Medical Center
George Blackburn, MD, PhD
Beth Israel Deaconess Medical Center
Associate Professor of Surgery
Michael Blau, Esq.
Partner
Foley & Lardner
Doug Brown, Esq. and John O’Brien
General Counsel and CEO
UMass Memorial Health Care
Jim Conway
Senior Vice President
Institute for Healthcare Improvement
CRICO/RMF
Risk Management Department
Lena Deter, R.N., MPH
Clinical Nurse Specialist
Hebrew Senior Life
Vincent DiCianni, Esq.
President of Affiliated Monitors
Andrew Eisenhauer, MD
Director, Interventional
Cardiovascular Medicine Service
Brigham and Women’s Hospital
Atul Gawande, MD
Brigham &Women’s Hospital
Dana Farber Cancer Institute
Allan Goroll, MD
Massachusetts General Hospital
Professor, Harvard Medical School
Cleve Killingsworth
Steve Fox
Blue Cross Blue Shield
of Massachusetts
Michael Howell, MD
Beth Israel Deaconess
Medical Center
George D. LeMaitre, MD
LeMaitre Vascular, Inc.
Founder, Director and Chairman
of the Scientific Advisory Board
Eric Linzer
Vice President
Massachusetts Association
of Health Plans
Massachusetts Coalition for the
Prevention of Medical Errors
Rosanna Means, MD
Founder, Women of Means
Medical-Legal
Partnership for Children
Boston Medical Center
Michael D. Miller, MD
Founder and President
HealthPolCom
Rick Mindess, MD
President and CEO
Wellport
Newburyport, Mass.
Laura A. Montgomery
Quality Manager
New England Cryogenics Center
Senator Richard T. Moore
Massachusetts State Senate
Chair of Senate Committee
on Health Care Financing
Delia O’Connor
CEO
Anna Jaques Hospital
ProMutual Group
Risk Management Department
Arun Ramappa, MD
Chief of Sports Medicine,
Orthopedic Surgery Department
Beth Israel Deaconess
Medical Center
Amy Rosen
Professor, Boston University
School of Public Health
Luis T. Sanchez, M.D.
Director, Massachusetts
Medical Society’s Physician
Health Services
Stephen M. Weiner, Esq.
Chair of Health Law Section
Mintz Levin
Anthony D. (Andy) Whittemore, MD
Chief Medical Officer
Brigham and Women’s Hospital
HEROES FROM THE FIELD
Mary Lou Ashur, MD
Carney Hospital
Commandant Michael Resca
The Chelsea Soldiers Home
Chelsea, Mass.
Paul Cirel, Esq.
Partner
Dwyer & Collora
Bruce F. Cohen, MD
Beth Israel Deaconess Medical Center
Michael Costa, Esq.
Vice President and General Counsel
American Renal Associates, Inc.
Sharon Donaghue-Naumnik
Vice President, Clinical Reimbursement
CareOne and HealthBridge Management
Jerry Fitzpatrick, MD
Bolton Family Medicine
Nancy E. Otovic, MD
Lahey Clinic
Delia Sang, MD
Ophthalmic Consultants of Boston
Steven Schachter, MD and William Mandell, Esq.
Beth Israel Deaconess Medical Center and Pierce & Mandell, P.C.
Parents, physicians settle over missed cystic fibrosis in fetus
June 14, 2008
During the course of a couple’s pregnancy, both parents were found to be genetic carriers of cystic fibrosis. Their OBGYN referred them to a geneticist for counseling.
Man dies after dissecting aorta goes undiagnosed
May 30, 2008
A 44-year-old computer network administrator died of a dissection of the ascending aorta that went undiagnosed by the attending physician responsible for inpatient hospitalization and his primary care physician.
Med-mal settlement approved for $6M
March 17, 2008
A $6 million settlement agreement has been approved in a medical malpractice suit against three doctors and five nurses over injuries allegedly suffered by a Dudley couple’s son at birth, according to the Worcester Telegram & Gazette. Read more
Anti-markup rule delayed by CMS
March 17, 2008
The Centers for Medicare and Medicaid Services has decided to delay for one year the application of an “anti-markup” provision that primarily affects groups that purchase interpreting services, such as the reading of X-rays and MRIs. Read more
Minute clinics: what providers can do to protect themselves from liability
March 17, 2008
Given the risks of working with the new limited-service clinics in pharmacies, health care professionals associated with them should do the following to protect themselves: Read more
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