How Physical Therapists Chart – Based on a chapter by Gwen Simons PT, JD, OCS, FAAOMPT

March 10th, 2010

physical therapist The physical therapist is required by law to perform a physical therapy examination (sometimes referred to as an evaluation) on each patient on the first visit.   The examination is divided into three steps:

  1. Taking the patient’s history
  2. Performing a systems review where the physical therapist screens the cardiovascular/pulmonary, integumentary, musculoskeletal, and neuromuscular systems and the communication ability, affect, cognition, language, and learning style of the patient.
  3. Performing tests and measures that are “used to rule in or rule out causes of impairment and functional limitations; to establish a diagnosis, prognosis, and plan of care; and to select interventions” within the physical therapist’s scope of practice.

Historically the physical therapist’s documentation was done in the traditional “SOAP” format. In that documentation style, the patient’s subjective reports are under the “S” (for “Subjective”) part of the note. The systems review and the tests and measures are under the “O” (for “Objective”) part of the note.

After the physical therapist does the examination, she will evaluate the results to come up with the physical therapy diagnosis, prognosis, and plan of care (which includes the physical therapist’s interventions or referral recommendations). The Guide refers to this process as the physical therapist’s Evaluation. In the SOAP note format, the physical therapy diagnosis and prognosis would be documented under the “A” (for “Assessment”) part of the note. The plan of care for the patient would be documented under the “P” (for “Plan”) part of the note.

Subsequent physical therapy treatment notes

Medicare and other payer rules have driven the need for documentation to be done in different formats in different settings. Frequently the physical therapy documentation merely reflects what interventions were delivered in a daily “treatment record” or “encounter note.” These notes primarily record what treatment was delivered for payment purposes but do not always record the patient’s subjective complaints or progress. However, under most state laws and Medicare rules, the physical therapist is required to document a “progress note” or “re-evaluation” at least every 30 days (or less under some state laws) if the daily treatment notes do not record objective measurements and progress.

The progress note/re-evaluation contains tests and measures and an evaluation of the patient’s progress toward the treatment goals since the initial examination or last re-evaluation.  This is the best place to start the search for medical evidence in the physical therapy record if the daily notes are devoid of objective measurements or evidence. Daily notes should not be overlooked, however. If the patient’s condition changes, a new injury occurs, or there is a negative response to treatment, the physical therapist should document it on the day it was discovered rather than saving it for the monthly progress report.

Evidence in the Physical Therapy Record

Regardless of the format used for documentation, all physical therapy documentation has one thing in common: it quantifies the patient’s function. The focus of physical therapy interventions and treatment goals is on maximizing the patient’s function and moving the patient toward independence. While the reduction or elimination of pain may also be a goal, safe function despite pain is paramount. Therefore, the physical therapy record is frequently a good source of evidence of whether the patient’s subjective reports of pain are truly disabling. The medical legal reviewer should look for statements in the assessment (or evaluation) that say “pain is out of proportion to objective findings” or “signs and symptoms are not consistent with subjective complaints.”

Since independence is always a goal, the physical therapist has an expectation of compliance and effort. When the patient is not compliant or shows signs of giving a sub-maximal effort, the physical therapist is likely to document it. The physical therapist may also use words such as “self-limiting,” “pain-focused,” or “sub-maximal effort” to indicate that the patient’s subjective perception of the pain may not be reliable or credible. This does not mean the physical therapist thinks the patient is exaggerating or “faking” the injury but is an indication that the physical therapist has not observed enough objective signs to support the patient’s limitations or reports of pain.

The physical therapist may also document comments the patient makes that indicate the patient’s motivation for limiting activities, such as “my attorney told me I should not go on my hiking trip” or “my attorney told me I should continue to wear my neck brace, so I put it back on.” This is not the evidence the attorney wants to see in the record if she is representing the patient. These entries in the record are particularly damaging when the objective findings indicate that the patient is capable of safely doing more, or the attorney’s advice contradicts the medical provider’s advice. On the other hand, where the patient’s subjective complaints are consistent with the medical/physical findings, the physical therapist’s documentation can help give credibility to the patient’s reported disabilities.

Source: Gwen Simons, PT, JD, OCS, FAAOMPT, “Physical Therapy Records”, Iyer and Levin (Editors) Medical Legal Aspects of Medical Records, Second Edition, 2010. Contact us for purchasing information.

[Post to Twitter]  [Post to Yahoo Buzz]  [Post to Delicious]  [Post to Digg]  [Post to Reddit]  [Post to StumbleUpon]  What are these?

Physical Therapists: Vital Role in Recovery – Based on a chapter by Gwen Simons PT, JD, OCS, FAAOMPT

March 8th, 2010

Physical therapists often play a vital role in restoring an injured patient to a higher level of function. I recently learned more about their educational preparation and roles. The following is written by Gwen Simons:

To obtain a license to practice physical therapy, the physical therapist must graduate from a CAPTE accredited program or have equivalent foreign education. CAPTE accredited programs follow “The Normative Model of Physical Therapists Professional Education.” The entry level for physical therapy education has changed over the last twenty years from a bachelor’s degree to a doctorate in physical therapy (DPT) degree. Currently physical therapy programs must offer a master’s degree to be accredited; however, more than 8 percent of the programs have converted or plan to convert to the entry-level DPT degree. Many practicing physical therapists are returning to “transitional” DPT programs to upgrade their degree to the doctorate degree merely because the DPT is becoming the recognized standard even though physical therapists with bachelor’s degrees had an equitable physical therapy education and still meet (or exceed) minimum licensure requirements.pool therapy

The Federation of State Boards of Physical Therapy administers the only national licensure exam. Therefore, there is a national standard for entry level education and licensure even though each state licensure board sets its own passing criteria for the exam.

The physical therapist assistant (PTA) is a graduate of a physical therapist assistant associate degree program accredited by the Commission on Accreditation in Physical Therapy (CAPTE). The PTA assists the physical therapist in providing physical therapy interventions to carry out the treatment plan. The PTA does not perform examinations or make decisions to change the treatment plan and functions under the direction of the physical therapist. In general, the PTA does not require on-site supervision unless it is required by the payer or the state licensure act. PTAs must be licensed or certified in most but not all states. In some settings, the physical therapist may be assisted by non-licensed personnel called physical therapy technicians (“techs”) or aides. Occasionally these support personnel have other degrees or certifications, such as an athletic training certification (ATC) or an exercise physiology degree. The Physical Therapy Practice Act in each state governs the use of such non-licensed personnel when they are working in a physical therapy setting regardless of whether they have other degrees or certifications. In most states, non-licensed personnel have a very limited role in caring for the patient and are prohibited from independently performing or billing for physical therapy services. Documentation is not typically done by non-licensed support staff unless they are merely checking off flow sheets or exercise records. Therefore, each physical therapy note should be signed by either the physical therapist or the PTA. A red flag should go up about whether the licensure laws were complied with and the standard of care was met where documentation is done by non-licensed support staff.

Practice settings

According to the Guide, physical therapists provide services in a broad range of inpatient, outpatient, and community-based settings where physical therapists practice, including the following:

• Hospitals (for example, critical care, intensive care, acute care, and subacute care settings)

• Outpatient clinics or offices

• Rehabilitation facilities

• Skilled nursing, extended care, or subacute facilities

• Homes

• Education or research centers

• Schools and playgrounds (preschool, primary, and secondary)

• Hospices

• Corporate or industrial health centers

• Industrial, workplace, or other occupational environments

• Athletic facilities (collegiate, amateur, and professional)

• Fitness centers and sports training facilities

The physical therapist may play a slightly different role and have different responsibilities for the patient in each of these settings. For instance, in acute care and rehabilitation facilities, the physical therapist is one member of the patient care team. Care must be coordinated between multiple providers, and all team members have a responsibility for knowing what care the other team members are providing with regard to how it may impact their individual treatment plans.

In any inpatient setting (hospital, rehab, subacute, extended care or skilled nursing facility), it is generally the physical therapist who is responsible for teaching the patient how to safely transfer from the bed to the wheelchair and bedside commode or in and out of a car. They are also responsible for teaching the patient how to walk with assistive devices. The physical therapist assesses the patient’s need for assistance and documents it in the patient’s record. Other team members, such as nursing staff, may rely on this information to know how much assistance to give the patient and whether the patient requires the assistance of more than one person. Each facility will have policies and procedures about how this communication between team members should occur.

Source: Gwen Simons, PT, JD, OCS, FAAOMPT, “Physical Therapy Records”, Iyer and Levin (Editors) Medical Legal Aspects of Medical Records, Second Edition. Contact us for purchasing information.

[Post to Twitter]  [Post to Yahoo Buzz]  [Post to Delicious]  [Post to Digg]  [Post to Reddit]  [Post to StumbleUpon]  What are these?

Making the Most of Trade Shows by Caryn Kopp, Guest Author

March 3rd, 2010

Schedule Post-Trade Show Follow Up On Your Calendar. Make immediate contact your HIGHEST priority when you return to the office. Use your calendar to block out the morning you return to the office to complete sales follow up. Think of new contacts like really good French baguettes. By tomorrow they’re stale. Before going through the mountain of mail, the volumes of voicemail or the never ending email, tackle your trade show follow up. You may need to hang a sign on your office door saying you are unavailable (just as you would be if you were out at a meeting). Hire a temp (or have an assistant on hand) to help you handle the extra workload. Sound expensive? Compare it against the lost Disney opportunity…enough said. There is a flow to new business development and new business relationships. Keeping the momentum going and delivering what you promised, when you promised it, is a critical component to successfully adding new clients to your roster. If, for some reason, you cannot send the information, the samples or execute the phone call when you promised, make sure to COMMUNICATE. A simple email letting someone know when you will fulfill your promise fills the bill. Then, be sure to adhere to your promised timeline.

Some people tell me they think following up quickly is a sign of desperation. Not true!
There’s a difference between Please meet with me…please, please, please!!!! (desperation) and I am calling to follow up on our conversation this past Monday. Here is an example of how we can help you to achieve your goals (buttoned up). Prompt response and follow up is respected by decision makers. It conveys that you are interested in their businesses and lays the foundation for relationships of trust. In a detail oriented business, demonstrating your ability to deliver the details matters. This is not the time to play hard to get.
Some people want to wait for a few days to give the decision maker time to “dig out from under”. Why? Isn’t that one of the best times to catch the prospect at his/her desk? The long discussion may need to wait for a few days but you can certainly ask for a time on the calendar for a meeting or conference call.
A few people tell me they strategically lump trade show contacts with other prospects they are pursuing and then call in priority order. With this line of thinking it could take weeks to follow up with a new contact. Revisit the French baguette analogy. What will it look like weeks later?

In the course of your many conversations at a trade show, you may uncover an opportunity for another person in your company. Apply the Golden Rule. Treat this as you would want a co-worker to treat an opportunity of yours. Immediately communicate all details to your colleague, as if it were a job share. Include information about the opportunity, the level of priority and when the prospect is expecting follow up to occur.

[Post to Twitter]  [Post to Yahoo Buzz]  [Post to Delicious]  [Post to Digg]  [Post to Reddit]  [Post to StumbleUpon]  What are these?

Coping with a Job You Hate by Guest Author Natalie Gahrmann

March 1st, 2010

I have a few clients who absolutely hate their current jobs but feel stuck where they are because they believe that there isn’t anything else out there. Unfortunately, few people have the luxury in today’s economy to leave a job without having something definite already lined up and the job dissatisfaction rate continues to climb. Having a job you hate is not an easy thing to deal with so here are some ways to make your situation easier to handle:

1. Maintain perspective: Know what’s motivating you to stay at a job you hate; it’s important to know why.  Is your current job the only one in your area that fits your skills? Or do you need it to keep your children fed and clothed? What attracted you to the job in the first place? Does that reason still exist? Whatever the reason, remembering what it is and keeping it at the forefront of your consciousness makes working a difficult job easier. When you do this, you end up working not for the job itself, but for whatever the motivation is behind your being there. The job becomes more than a job— it becomes a way to fulfill whatever desire moved you to take it in the first place.stressed+businessman

2. Know what you really want: Often, a terrible job will help you be clearer about what you would want in a better job because you know for sure what you don’t want. Identify the things you desire in your job. It may help to focus on what you don’t like and note the opposite. It may also be helpful to note the things you dream about in your ideal job. For example, are your coworkers too competitive? Then, you may prefer a more team-based environment. Is your boss always second-guessing or changing your decisions? Then perhaps you would like a job where employees are trusted and tasks are truly delegated. Would you prefer a job that requires a lot of problem-solving instead of a set group of tasks? Would you rather work for yourself? Have you always dreamed of teaching for a living? Be sure to create a physical list that contains what you really want in a job. Explore how many of these things you can create in your current job situation or somewhere else in the company.

3. Make a conscious choice: Being in ‘choice’ is very powerful.Therefore after identifying your key motivation for staying at the job you hate, if it’s compelling enough to keep you there, than consciously choose to stay.  If you’re unsure about it, evaluate it further. Maybe you took this job several years ago because you wanted a job close to home beings you had small children and didn’t want to spend an excessive time commuting. Now that the kids are older, is this still important criterion? Or perhaps you took this position because there seemed to be an aggressive career path to a higher level position but it never materialized. Or maybe you realize that you qualify for lots of different jobs of the same type that you’re working now, and you realize that a different work environment might make things much more tolerable. Whatever your motivation, consider carefully whether it’s enough motivation to stay at the job or if you’d be better off transferring to another department or Division if you’re at a large enough company, or leaving entirely if there aren’t any feasible options within your current work environment.

4. Set weekly goals for yourself: If you really want to leave your job, set weekly goals to help you find the golden opportunity for you. One week you might research the industry, another week you might arrange three informational interviews, send out five resumes or attend a networking event. Having these goals will help you transition to something better. Doing something daily towards a new job will help give you a sense of accomplishment and keep you progressing toward a new job.

5. Re-engage your commitment whenever you feel negatively toward your job: When feelings of frustration, hopelessness, anger, or sadness about your current situation re-surface, review your choice again. Realize that even after you have chosen to stay, there may still be parts of your job that you dislike.  Let go of the negative emotions and re-focus on the positive motivations for staying.  Allow your conscious choice to stay to become the habit and motivator to continue doing a good job and contributing daily.

6. Honor your needs: Allow yourself to acknowledge whatever emotions come up for you. Don’t try to hide it inside, or it will just blow out later. If you need to take a walk, or go to the restroom, take a day off, or even write it out in your private journal, do that. Letting things build up until they might explode is never a good idea. And, in the midst of your feelings, reflect back on your motivation for choosing to stay. Control your stress by respecting your needs.

7. Be realistic: If you really hate your job, don’t expect to love your job some day soon. Instead, expect that you won’t like it. Expect that the things that have frustrated you since the first day will still frustrate you now and will probably continue to do so as long as you stay at the job. If you expect that, the job will never sink below your expectations. However, at this point, you know that you are more than the job. You don’t expect all of your satisfaction to come from that, because there are more areas in your life than just that.

8. Enjoy the Perks: Some jobs are terrible, but still have some great perks. Almost every job has at least one good perk such as a good salary, tuition reimbursement, health benefits, gym discounts, stock options, or opportunities to travel. Take advantage of whatever perks are available because even focusing on some of these more positive things may make things easier, at least in the interim until you find something else.

9. Increase your Self-Care: Going into a job you hate will be worse if you get to the office feeling rushed, stressed and frazzled and lack self-care. Set aside some moments of solitude each morning. Develop some positive daily rituals such as treating yourself to a latte, listening to upbeat music, going for a walk outside at lunchtime, getting up early enough to hit the gym before you go to the office, or connecting with friends for fun diversions. Add some humor to your day buy posting a “joke of the day” calendar near your work space. Enjoy an activity regularly that helps you unwind and get rid of tension. Be willing to treat yourself to simple pleasures to help you feel better inside. By focusing on you, your well-being, health and happiness your present situation will be more tolerable.

10. Maintain your job performance. Although you’re dissatisfied at work, it’s important to continue to do your work and do it well. Hating your job doesn’t mean you can’t learn new skills or be a good performer at work. Use your time to make yourself a better candidate down the road. If your company offers training courses, take advantage of them. Use downtime to learn something new on your computer. Pick up a management development book and read it (or listen to it) at lunch. Turn your job into an opportunity for self-improvement. Set personal performance goals that you’ll be able to highlight as accomplishments in future job interviews. Be sure to avoid burning any bridges at your company because you are unhappy. Instead, maintain positive relationships and grow your network.

Right now, it might seem like you will be stuck in this job forever. Keep your chin up and remind yourself that you are in charge of your destiny. Search internal postings for new positions. Start your search for a new job externally. Realize that this too shall pass!

Visit our BLOG: http://coachnatalie.blogspot.com

[Post to Twitter]  [Post to Yahoo Buzz]  [Post to Delicious]  [Post to Digg]  [Post to Reddit]  [Post to StumbleUpon]  What are these?

Being Prepared for Objections by Guest Author Caryn Kopp

February 24th, 2010

male atty shake hands smNew business and expansion of business is dependent in part on being able to address objections.

One thing I can tell you about objections. If you can’t overcome them, you’ll never close the sale. Here are 3 tips to stay in control so you can get to the next step.

Tip 1. Identify all the objections you will face and then develop answers to overcome them (before you’re ever on the phone with someone)

Tip 2. Practice the answers until they don’t sound rehearsed.

Tip 3. Couple every response with a request for the next step. Which sounds like this. I understand you’re busy. Let’s look a little further out on the calendar, say the 3rd week of next month? How’s Thursday at 10?

If you’re prepared, rehearsed and request next steps, the sales cycle takes less time.

Next Step to Yes!

You can shorten the sales cycle with what I call Next Step to Yes! Ask for a next step during every contact point with a customer or prospect. Here’s an example. When a prospect asks for a proposal, secure a follow up date and time right there and then, at the moment when it’s most important. You can avoid all that wasted time trying to get them back on the phone.

[Post to Twitter]  [Post to Yahoo Buzz]  [Post to Delicious]  [Post to Digg]  [Post to Reddit]  [Post to StumbleUpon]  What are these?

51/2 Ways To … Possibly Solicit Cooperation When Negotiating by Guest Author Greg Williams

February 22nd, 2010

two women attorneys smWhen negotiating, how do you solicit cooperation? You can browbeat someone; you can cajole them; you can be very amenable to their every whim, and yet, you may still be unsuccessful at soliciting her cooperation. The one thing you must do, in order to give someone what she wants and needs is to understand why she wants and needs what she is seeking. The following are 51/2 ways you can solicit cooperation when negotiating.

1. Be honest:
Where and when possible, be honest. Some situations may require that you shave the truth, but unless you’re negotiating in a hostile situation, one in which the other negotiator is not being as forthright as she should, walk the path of truth. The truth, applied with sincerity, will tend to engender support for your cause. Always strive to be honest, but weigh the cost of doing so, depending upon the situation in which you negotiate.

2. Know mental strength:
You must know your strengths and weaknesses, along with those of the other negotiator in order to solicit cooperation. Seek to understand the mindset of the other negotiator before attempting to sway her. Understand her true source of motivation and cater to it. Before soliciting her assistance, reveal yourself as a nonthreatening person who only seeks understanding, in order to be understood.

3. Know your target:
Three questions to ask the other negotiator are:

What do you want?
What are you seeking?
How will you know when you’ve received/achieved it?

By asking such questions, you’ll receive her ‘measuring stick’ for that which is important to her. In addressing her needs, you will have an unequivocal mark upon which to aim and to measure the outcome based on what she seeks from the negotiation.

4. Consider begging:
Yes, I said it! If all else fails, when the stakes are high and none of your attempts bear fruit, consider begging to solicit support. With some individuals, such actions are very appealing. Just be mindful of to whom you are begging, because it can also be a turn-off.

5. Speak in the positive:
When communicating, express your positions in the positive. Instead of saying, “I don’t think point A warrants much merit”, say instead, “I prefer point B.” In so doing, you’ll be infusing the conversation with positivity. You’ll also subliminally, plant the thought of being positive as you solicit support.

5.5 Let it go:
Never be afraid of letting go. You won’t be able to convince everyone to see things your way. Some people will never sense the value you possess. In such cases, find others with whom to negotiate. When you negotiate, you should have alternate sources from which to receive what you seek. In addition, by showing that you’re willing to walk away, you can enhance your position.

As you negotiate, if you apply the appropriate strategy to solicit cooperation, in the right manner, and at the right time, in the right place, more often than not, you’ll get the assistance you seek … and everything will be right with the world.

The Negotiation Tips Are …
• Always remember, in a negotiation, timing is everything. Just because someone is not amenable to your offer today does not mean she won’t be agreeable tomorrow. Assess her desirability to connect with you, and time your attempts to solicit her support when the time is best suited for her to do so.
• Consider the size of the emotional stage the other negotiator wishes to stand on and how she wishes to be perceived. If she wants to be recognized as being magnanimous, feed that need in her. By addressing the need that has her highest desire, you can assist her in achieving the emotional feeling she’s seeking and she’ll be more willing to assist you.
• When negotiating, always strive to align your actions to match the outcome you and the other negotiator seek from the negotiation.

If you would like to have Greg Williams, The Master Negotiator as a keynote speaker, trainer, or coach at your company, group, or organization, contact him by sending an e-mail to The Master Negotiator and begin maximization your resources.

[Post to Twitter]  [Post to Yahoo Buzz]  [Post to Delicious]  [Post to Digg]  [Post to Reddit]  [Post to StumbleUpon]  What are these?

Should a Nurse go to Prison for Reporting Concerns about a Physician? by Pat Iyer

February 17th, 2010

Anne Mitchell RN

Anne Mitchell RN

Two West Texas nurses faced up to 10 years in prison and a fine of up to $10,000 for reporting concerns about the substandard care of Dr. Rolando Arafiles Jr. How did this happen? Nurse Vicki Galle and Nurse Anne Mitchell were part of the tiny staff of a tiny hospital in a tiny town in West Texas. Winkler County Memorial Hospital has 15 beds, employs 15 registered nurses and 17 licensed practical nurse, and has 7,000-8,000 people in the entire county. Both nurses worked at the hospital for over 20 years. Vicki and Anne reported concerns about Dr. Arafiles to the Texas Medical Board. They, as well as others, were concerned that his practices were inconsistent with the quality of care and patient safety. They were also concerned about his use of non-therapeutic treatments and prescriptions. The two nurses provided medical record numbers to the Board, but no patient names, to support their concerns.

When the physician was notified by the Texas Medical Board that he had been reported to the Board, he filed a complaint with the sheriff (who was one of his patients) alleging that he was being harassed. Sheriff Roberts tracked down the two nurses, who were indicted for misuse of official information and fired. The Texas Medical Board wrote a letter to the District and County Attorneys of Winkler County challenging the notion that the information provided to them was for nongovernmental purposes. They explained that the Board was exempt from HIPAA requirements and is a governmental agency.

Nevertheless, the case proceeded. Nurses throughout the country responded with an outpouring of support and dollars to build up the legal fund for the nurses. Patient advocacy, specifically reporting concerns about a practitioner’s standard of care, is protected under Texas laws and supported by the Nursing Code of Ethics. The case was seen as having the potential to affect the future of patient safety throughout the entire country.

The criminal case against Nurse Galle was dismissed on 2/1/2010, a week before trial was to start. But the case against Nurse Mitchell proceeded. The jury heard details of the cases of substandard care. During cross-examination, Dr. Arafiles struggled to define “standard of care”.

Doctor Rolando Arafiles said he supports the reporting process, but not in this case, because he felt Anne Mitchell was harassing him when she sent an anonymous complaint to the Texas Medical Board. The defense grilled the doctor about medical mistakes he made including one where he injected a needle into the bone of a patient and another where he sent a child with appendicitis home without treatment. The prosecution and defense agreed to nickname the instances on record in which Dr. Arafiles made medical mistakes. Those cases are being called, “Turkey Toe”, “Appendix Boy”, “Rubber Finger Tip”, and “Skin Graft”. “Rubber Finger Tip” references the instance when Dr. Arafiles sewed a part of a suturing kit onto a patient. It was a part of the kit not meant to be used on patients. During testimony, Dr. Arafiles said he meant to use it as a brace and accidentally sewed it to the patient.

During his cross-examination, Dr. Arafiles discussed the nutritional supplement called “Zrii” that he recommended to patients. The doctor admitted that Sheriff Roberts sold Zrii and even held meetings at the local Pizza Hut to recruit others to sell the product. According to the defense, the main ingredient in Zrii is white grape juice and it sells for around $40 a bottle.

At one point Dr. Arafiles was asked whether diabetic patients might have a tendency to heal worse than patients without diabetes. To the dismay of the audience, he said no, that there is no difference. The audience gasped, after which point Hon. Judge James Rex told the audience to keep quiet or else risk being thrown out of the courtroom.

It took the jury less than an hour to return a not guilty verdict on 2/11/2010. The jury foreman said the panel of six men and six women voted unanimously on the first ballot, and questioned why Nurse Mitchell had ever been arrested. “We just did not see the wrongdoing of sending the file numbers in, since she’s a nurse” said the foreman. After the verdict, the nurses’ lawyers quickly turned to the lawsuits they filed in federal court against the county, the hospital, and various officials, charging that the firings and indictments amounted to a violation of due process and their First Amendment rights. Nurse Mitchell’s lawyer said, “We are glad that this phase of this ordeal has ended and that Anne has been restored to her liberty, but there was great damage done in this case, and this does not make them whole.”

President of the American Nurses Association Rebecca Patton called the verdict “a resounding win on behalf of patient safety. The message the jury sent is clear: the freedom for nurses to report a physician’s unsafe medical practices is non-negotiable.”
Sources:
http://www.nytimes.com/2010/02/12/us/12nurses.html
http://www.texasnurses.org
cbs7news, Beau Berman

[Post to Twitter]  [Post to Yahoo Buzz]  [Post to Delicious]  [Post to Digg]  [Post to Reddit]  [Post to StumbleUpon]  What are these?

Navigating the Slippery Legal Slope of Falls by Pat Iyer

February 15th, 2010
Falls are common causes of suits

Falls are common causes of suits

Inpatient falls and fall-related injuries continue to be the largest category of reported incidents in the acute care setting. Falls occur in many settings: In one week, Med League got four calls about falls: a young brain injured woman who fell off a treadmill at home while under the care of an aide, an elderly woman who fell getting off an examining table in a doctor’s office, a woman who fell in the hospital just before the nurse reached her side, and a man who fell walking out an adult day care setting. The first three cases resulted in lawsuits. The last one has not been filed yet.

About 1,800 fatal falls occur among residents of US nursing homes each year. About 10-20 percent of nursing home falls cause serious injuries. Two to six percent cause fractures. Many patients need to spend at least a year recovering in a long term care facility. Some never return to their homes. In addition to fractures, elderly people suffer soft issue injuries, head trauma, and lacerations.

The 1% of elderly people who fall and sustain a hip fracture have a 20-30% mortality rate within a year of the fracture. One quarter to three quarters of people who lived in the community do not recover their prefracture level of function in ambulation or activities of living. A fall can be life-altering for this group. Fear of falling can lead to reduced mobility, deconditioning, dependency, social isolation, and diminished quality of life. A fall can result in a major disruption to an older person’s life- injury, hospitalization, and rehabilitation.

Falls have many liability issues. Some center around what should have been done to prevent the fall. Hot issues include use of side rails, frequency of monitoring to prevent a fall, responsiveness to the patient’s requests for help, and unsafe equipment such as wheelchairs. A delay in treatment can close a window of opportunity to change the outcome- such as in head injury or spinal cord injury that results from a fall.

Healthcare providers are expected to act as patient advocates to secure help for their patients. A delay in treatment may occur because:

  • The healthcare providers did not collect the appropriate data needed to assess the patient’s condition. The person who fell was not thoroughly assessed and an injury was missed.
  • The appropriate data was collected but the healthcare provider did not have the knowledge to critically analyze the data to find its meaning. The signs of a fracture were overlooked.
  • The data was collected and analyzed, but the appropriate healthcare provider failed to respond to another person’s concerns. The nurse could not get the attention of the physician or the nurse’s concerns were dismissed.
  • The concerns of the bedside clinician were heard, but the provider did not or could not make timely decisions about what to do about the changes in the patient’s condition.

Some facilities have implemented a system of hourly rounds to reduce the factors that result in falls. Think of the four “Ps”:

  • Potty
  • Positioning
  • Pain
  • Possessions- phones, water, glasses, call lights and bedpans within reach.

Join us for a Teleseminar for Attorneys and Legal Nurse Consultants: February 23, 2010 12:00 PM Eastern Time
Navigating the Slippery Legal Slope of Falls

[Post to Twitter]  [Post to Yahoo Buzz]  [Post to Delicious]  [Post to Digg]  [Post to Reddit]  [Post to StumbleUpon]  What are these?

More writing tips

February 10th, 2010

This is the final set of submissions for my writing tips contest.
CD
Another tip is not to forget to write out medical abbreviations in long hand and to include simpler term explanation of complex medical terminology as some documents may be used by legal representatives that do not just deal with medical legal issues.
Deborah Ben-Abu

As for my writing tip I would say “just do it, start somewhere then edit, edit and edit again.” There are so many avenues to write now, I was able to write an article for earticle.com and it was published. Just a starter on advocating for yourself in healthcare but none the less I did it!
Valerie Lane, Springville, CA

I thought I would send my best practice tip “pet peeve”. Do you make sure that you do NOT put apostrophes in abbreviations for multiple tests and/or diagnostic studies? Write EKGs NOT EKG’s, MRIs NOT MRI’s, etc. I see this all the time.
Jane D. Heron, RN, BSN, MBA, Matawan, NJ

Write it and save it. Then in the next day or two, open it back up and read it again. You may see mistakes you did not see the first time. You cannot use this tip if you wait till the last minute to write your report.
Kathie W. Condon, RN, MSN, LNCC, Birmingham, AL

Always try to finish the product so that there is enough time to leave it for a day, or even a few hours, then go back and reread it with fresh eyes. This often allows one to pick up on typos or grammatical errors that one might not pick up on when tired or when one has been working on a piece for a lengthy period of time.
Susan Gunter

When I write using medical terminology or medical words that the computer does not recognize I check for proper spelling and add it to my dictionary for future use. I never assume I wrote the word correctly.
Aileen and Israel ColÒn Jr., Tulsa, OK

My tip for writing is to make sure you send it in a format that the receiver can open. This oversight can delay your report and but more importantly will disappoint the receiver. Customer service is the key. Keep the doors open and send the report in the form they prefer.
Candyce Ross, Tulare, CA

Use action verbs.
Susan B. Priest, MSN, RN, CNS

Join us for a free class on how to stand out as a Legal Nurse Consultant, February 25. See http://www.patiyer.com/lncstandout/index.html

[Post to Twitter]  [Post to Yahoo Buzz]  [Post to Delicious]  [Post to Digg]  [Post to Reddit]  [Post to StumbleUpon]  What are these?

Writing Tips

February 8th, 2010

computerkeyboardThese are additional entries from my writing tips contest.

Store perfected phrases and language in the autotext feature of your word processing program.  That way, you can just click on a key word and immediately produce the desired text at the correct position within your document.  This is a big, big time saver.
Sue Kelly Paralegal, Red Bank, NJ

Keeping current includes newer uses of language, descriptors, etc. It also means your work product.  Use current styles of paper, fonts, format, display folders, marketing tools, business cards, letterhead, etc.  I find that after being in business since the 80’s, it is essential to update and upgrade all that we do from fashion to products.
Lorraine A. Shoaf RN, BSN, LNCC Legal Nurse Consultant

One of my final checks is to make sure my tense is consistent rather than moving from past tense to present tense and back and forth.  Sometimes a tense change is necessary, but it should not occur at random throughout the document.
Kathy Clark, MS, RN Oklahoma City, OK

My writing tip is in a word, organization.  Did I organize my facts? Is there a flow to the report? The organization of thoughts and facts should start with a beginning, middle and end and make it easy for the editor/ reader to follow the story line.  It also makes reading the report a pleasure.  Understanding that you are writing for a non-medical professional whose forte happens to be verbiage is limitless in value too.

It takes time to write a good report. I find that casual emails are not written with the same intensity that a report or a story is composed with.
Claire Hull, RN, CCM, CLNC

Remember this:  Know your audience and gear your writing accordingly.  If you don’t, your writing could be too technical, not technical enough, or you could miss the mark entirely, writing something for the wrong person or group of people.  If you’re writing for business, you also risk disappointing your client.

For instance, I recently became a staff writer for two local medical magazines, each with a totally different audience.  One is geared towards physicians and office managers; the other has an audience of lay people–”patients”– interested in health and wellness.  I initially struggled with my articles, trying to figure out what the “angle” would be and how to write something that would be of interest.  It then occurred to me that I just needed to remember my audience:  those who are health providers, those that manage their offices, and everyday people (albeit with their own set of demographics) who are interested in improving their health.  Knowing my audience helps me focus on what’s important to each group.
Karen Devin, RN, BSN, Lexington, Kentucky

Join us for a free class on how to stand out as a Legal Nurse Consultant, February 25. See http://www.patiyer.com/lncstandout/index.html

[Post to Twitter]  [Post to Yahoo Buzz]  [Post to Delicious]  [Post to Digg]  [Post to Reddit]  [Post to StumbleUpon]  What are these?