I don't think it is a fear of lawsuits so much as an ingrained paternalism and on a fundimental level it is taking an approach appropriate for treating acute disease and applying it to a chronic illness.Any sort of risk analysis would reveal that people are safer lone dialyzing frequently at home vs. dialyzing conventionally incenter. Centers don't allow it because they have not thought it through, and unless something comes along that forces them to think it through it'll stay the same. The provision of dialysis will not change on its own. In general industry believes conventional incenter dialysis is an acceptable level of treatment thus there is no point in looking at an alternative(s).
I don't know what I find funnier: that docs need to be taught to be paternalistic or that docs no longer traffic in paternalism. Looking up the definition of paternalistic the only thing missing is a picture of a nephrologist.I've discussed the NY reg http://www.billpeckham.com/from_the_sharp_end_of_the/2009/02/who-needs-to-approve-self-dialysis.html Peter do you have any citations for any other state that has "laws and regulations requiring care partner"? I rather doubt it.
Quote from: Bill Peckham on February 19, 2012, 10:44:58 AMI don't know what I find funnier: that docs need to be taught to be paternalistic or that docs no longer traffic in paternalism. Looking up the definition of paternalistic the only thing missing is a picture of a nephrologist.I've discussed the NY reg http://www.billpeckham.com/from_the_sharp_end_of_the/2009/02/who-needs-to-approve-self-dialysis.html Peter do you have any citations for any other state that has "laws and regulations requiring care partner"? I rather doubt it.Actually with the Nephrology world, they have supplanted informed consent with another ethical paradigm called shared decision making. If you wish to call the decisions made by them under this new paradigm paternalism, fair enough, but it is really what the PRA has promoted for years: shared decision making. This is all the rage in academic medicine. WA state has a state delineating the two.http://www.hemodoc.com/2011/04/the-slippery-slope-of-shared-decision-making.html?cid=6a0133f61818b7970b014e60575318970cI believe that is one of the reasons that nephrology does such a terrible job of informed consent, they don't believe in this any longer.
Quote from: Hemodoc on February 19, 2012, 11:48:06 AMQuote from: Bill Peckham on February 19, 2012, 10:44:58 AMI don't know what I find funnier: that docs need to be taught to be paternalistic or that docs no longer traffic in paternalism. Looking up the definition of paternalistic the only thing missing is a picture of a nephrologist.I've discussed the NY reg http://www.billpeckham.com/from_the_sharp_end_of_the/2009/02/who-needs-to-approve-self-dialysis.html Peter do you have any citations for any other state that has "laws and regulations requiring care partner"? I rather doubt it.Actually with the Nephrology world, they have supplanted informed consent with another ethical paradigm called shared decision making. If you wish to call the decisions made by them under this new paradigm paternalism, fair enough, but it is really what the PRA has promoted for years: shared decision making. This is all the rage in academic medicine. WA state has a state delineating the two.http://www.hemodoc.com/2011/04/the-slippery-slope-of-shared-decision-making.html?cid=6a0133f61818b7970b014e60575318970cI believe that is one of the reasons that nephrology does such a terrible job of informed consent, they don't believe in this any longer.I think it is an overreach to say that the RPA's guidance on the "Appropriate Initiation of and Withdrawal from Dialysis" has somehow changed the way the provision of dialysis is experienced in the US. Paternalism is not an ethical framework so much as a behavioral choice, a policy or practice on the part of people in positions of authority (eg nephrologists, unit administrators) restricting the freedom and responsibilities of those subordinate to them (dialyzors) in the subordinates' supposed best interest. My point is that it is not in the dialyzor's best interests to restrict HHD access. It is perfectly clear to me that if a dialyzor wishes to lone dialyze and can demonstrate proficiency, then the provider and physician should support their decision.
Quote from: Bill Peckham on February 19, 2012, 01:13:29 PMQuote from: Hemodoc on February 19, 2012, 11:48:06 AMQuote from: Bill Peckham on February 19, 2012, 10:44:58 AMI don't know what I find funnier: that docs need to be taught to be paternalistic or that docs no longer traffic in paternalism. Looking up the definition of paternalistic the only thing missing is a picture of a nephrologist.I've discussed the NY reg http://www.billpeckham.com/from_the_sharp_end_of_the/2009/02/who-needs-to-approve-self-dialysis.html Peter do you have any citations for any other state that has "laws and regulations requiring care partner"? I rather doubt it.Actually with the Nephrology world, they have supplanted informed consent with another ethical paradigm called shared decision making. If you wish to call the decisions made by them under this new paradigm paternalism, fair enough, but it is really what the PRA has promoted for years: shared decision making. This is all the rage in academic medicine. WA state has a state delineating the two.http://www.hemodoc.com/2011/04/the-slippery-slope-of-shared-decision-making.html?cid=6a0133f61818b7970b014e60575318970cI believe that is one of the reasons that nephrology does such a terrible job of informed consent, they don't believe in this any longer.I think it is an overreach to say that the RPA's guidance on the "Appropriate Initiation of and Withdrawal from Dialysis" has somehow changed the way the provision of dialysis is experienced in the US. Paternalism is not an ethical framework so much as a behavioral choice, a policy or practice on the part of people in positions of authority (eg nephrologists, unit administrators) restricting the freedom and responsibilities of those subordinate to them (dialyzors) in the subordinates' supposed best interest. My point is that it is not in the dialyzor's best interests to restrict HHD access. It is perfectly clear to me that if a dialyzor wishes to lone dialyze and can demonstrate proficiency, then the provider and physician should support their decision.Bill, as in most issues with dialysis, I don't believe we are in any disagreement. What ever folks wish to call the lack of informed consent, Paternalism or the latest ethical rage of shared decision making where they supplant informed consent with decisions made in part (perhaps in whole) by the medical team. Unfortunately, in America, it is not only malpractice that a doctor has to be concerned but the medical license as well. The medical board in CA for instance is not what people think. The teeth of the medical board is the police officers that hold the power. Medical personnel are advisory only. Yes, that is what I said, police officers. It only takes one case to lose a license and end a physicians career. To say that doctors are paranoid is to fail to understand the fishbowl we operate within. Three physicians in my group I knew of personally faced the Medical board and two of the three cases were truly beyond their influence. They were simply bad outcomes through no fault of their own. The other case was a restricted narcotic prescription without doing a physical exam. All three were publicly reprimanded.The reality is that as long as the standard of care is to have a partner, the majority of doctors will not risk their own career to enhance a patient's access to care. I believe that goes beyond "shared decision making," or paternalism. That doesn't make it right, but that is the reality. If an adverse outcome occurs with a patient at home without a care partner, then the doctor will in all likelihood face legal consequences on top of medical board action. The number of doctors now prosecuted in the criminal courts is growing exponentially. We have a much different situation in America than Dr. Agar in Australia where they are still reasonable.Bill, it is a very complex mix any longer for American doctors. There are many layers of compliance that they must jump through in the course of the day. As you noted earlier, not every state has requirements but I am not sure where to find all of the provisions in each state. Certainly, looking at health care providers, it is easier to see their requirements but the state issue is one that should be explored more as well.
The reality is that as long as the standard of care is to have a partner, the majority of doctors will not risk their own career to enhance a patient's access to care. I believe that goes beyond "shared decision making," or paternalism. That doesn't make it right, but that is the reality. If an adverse outcome occurs with a patient at home without a care partner, then the doctor will in all likelihood face legal consequences on top of medical board action. The number of doctors now prosecuted in the criminal courts is growing exponentially. We have a much different situation in America than Dr. Agar in Australia where they are still reasonable.
Quote from: Hemodoc on February 19, 2012, 01:55:53 PMThe reality is that as long as the standard of care is to have a partner, the majority of doctors will not risk their own career to enhance a patient's access to care. I believe that goes beyond "shared decision making," or paternalism. That doesn't make it right, but that is the reality. If an adverse outcome occurs with a patient at home without a care partner, then the doctor will in all likelihood face legal consequences on top of medical board action. The number of doctors now prosecuted in the criminal courts is growing exponentially. We have a much different situation in America than Dr. Agar in Australia where they are still reasonable.Hemodoc, you have so often decried the lack of "personal responsibility" in our society today, and this pretty much proves your point. Perhaps we have lost the knack for being personally responsible because we are no longer given any responsibility at all. If something goes wrong, we sue, we litigate and we blame. I wouldn't want to get my nephrologist in trouble, but to be frank, getting optimal dialysis irrespective of my partnership status is more important to me than my doctor's career. If it were a choice between being able to dialyze at home without a care partner OR having to dialyze in clinic because to do otherwise might put my neph's career on the line, guess which one I'd choose? But gee, I won't have that choice, will I? God forbid that my life should be of any consequence.
Quote from: Hemodoc on February 19, 2012, 01:55:53 PMQuote from: Bill Peckham on February 19, 2012, 01:13:29 PMQuote from: Hemodoc on February 19, 2012, 11:48:06 AMQuote from: Bill Peckham on February 19, 2012, 10:44:58 AMI don't know what I find funnier: that docs need to be taught to be paternalistic or that docs no longer traffic in paternalism. Looking up the definition of paternalistic the only thing missing is a picture of a nephrologist.I've discussed the NY reg http://www.billpeckham.com/from_the_sharp_end_of_the/2009/02/who-needs-to-approve-self-dialysis.html Peter do you have any citations for any other state that has "laws and regulations requiring care partner"? I rather doubt it.Actually with the Nephrology world, they have supplanted informed consent with another ethical paradigm called shared decision making. If you wish to call the decisions made by them under this new paradigm paternalism, fair enough, but it is really what the PRA has promoted for years: shared decision making. This is all the rage in academic medicine. WA state has a state delineating the two.http://www.hemodoc.com/2011/04/the-slippery-slope-of-shared-decision-making.html?cid=6a0133f61818b7970b014e60575318970cI believe that is one of the reasons that nephrology does such a terrible job of informed consent, they don't believe in this any longer.I think it is an overreach to say that the RPA's guidance on the "Appropriate Initiation of and Withdrawal from Dialysis" has somehow changed the way the provision of dialysis is experienced in the US. Paternalism is not an ethical framework so much as a behavioral choice, a policy or practice on the part of people in positions of authority (eg nephrologists, unit administrators) restricting the freedom and responsibilities of those subordinate to them (dialyzors) in the subordinates' supposed best interest. My point is that it is not in the dialyzor's best interests to restrict HHD access. It is perfectly clear to me that if a dialyzor wishes to lone dialyze and can demonstrate proficiency, then the provider and physician should support their decision.Bill, as in most issues with dialysis, I don't believe we are in any disagreement. What ever folks wish to call the lack of informed consent, Paternalism or the latest ethical rage of shared decision making where they supplant informed consent with decisions made in part (perhaps in whole) by the medical team. Unfortunately, in America, it is not only malpractice that a doctor has to be concerned but the medical license as well. The medical board in CA for instance is not what people think. The teeth of the medical board is the police officers that hold the power. Medical personnel are advisory only. Yes, that is what I said, police officers. It only takes one case to lose a license and end a physicians career. To say that doctors are paranoid is to fail to understand the fishbowl we operate within. Three physicians in my group I knew of personally faced the Medical board and two of the three cases were truly beyond their influence. They were simply bad outcomes through no fault of their own. The other case was a restricted narcotic prescription without doing a physical exam. All three were publicly reprimanded.The reality is that as long as the standard of care is to have a partner, the majority of doctors will not risk their own career to enhance a patient's access to care. I believe that goes beyond "shared decision making," or paternalism. That doesn't make it right, but that is the reality. If an adverse outcome occurs with a patient at home without a care partner, then the doctor will in all likelihood face legal consequences on top of medical board action. The number of doctors now prosecuted in the criminal courts is growing exponentially. We have a much different situation in America than Dr. Agar in Australia where they are still reasonable.Bill, it is a very complex mix any longer for American doctors. There are many layers of compliance that they must jump through in the course of the day. As you noted earlier, not every state has requirements but I am not sure where to find all of the provisions in each state. Certainly, looking at health care providers, it is easier to see their requirements but the state issue is one that should be explored more as well.NxStage made a decision to include the requirement for a care partner in their 510K, to this day NxStage claims that the care partner requirement was something the FDA mandated - I heard this directly from NxStage's CEO - but I've also heard from FDA sources that they have no such mandate, never had and still don't. So there is a discrepancy in how it came about but one thing is certain: NxStage's 510K does not set HHD's standard of care in the US. The 510K only determines how the device may be marketed, it has no say in the practice of medicine.To me these concerns about novel lawsuits are just another smokescreen. No one can prove a negative so it would be a fools errand for me to try but considering the conservatism that NKC evinces in all things it is not credible that their support of lone dialyzors was/is taken lightly.
I believe that person came in a total of 5 times..... she was trained on what to do if a emergency happened..... And it was a understanding that I did have a care partner... or my insurance and clinic would not let me do home dialysis
I'd still really like to know what you would do if your wife could not be your care partner for a few days. Would you attempt to dialyze alone, or would you have to go back into clinic? And, does your wife still feel pretty confident that she remembers what to do in an emergency? Thanks.
Any sort of risk analysis would reveal that people are safer lone dialyzing frequently at home vs. dialyzing conventionally incenter. Centers don't allow it because they have not thought it through, and unless something comes along that forces them to think it through it'll stay the same. The provision of dialysis will not change on its own. In general industry believes conventional incenter dialysis is an acceptable level of treatment thus there is no point in looking at an alternative(s).
In the end analysis, the fact that most states prohibit by legal statute dialysis at home alone is the biggest impediment to increasing the number of patients who could benefit and who would be capable of performing self care at home. That is the real target in my opinion.