Showing posts with label surgery. Show all posts
Showing posts with label surgery. Show all posts

Monday, May 30, 2011

Surgery Stories Online: Hysterical Laughs or a Bad Risk?

Either way, the website is HIPAA-compliant and insured with media liability coverage.

By STEVE YAHN, who has written for and edited national publications for more than 30 years

If you name a website FunnySurgeryStories.com, you better be ready for controversy.

But your odds of success are considerably improved if you have 30 years of medical experience behind you.

So on St. Patrick's Day, into the Internet arena stepped 52-year-old Julie Ryan of Birmingham, Ala., with her website about funny operating room stories. All of them real, HIPAA-vetted stories, she claimed.

"People in surgery are really the unsung heroes in the medical world," said Ryan, a veteran of the hospital supply industry. "The amount of stress they work under is just phenomenal. And they relieve that stress with humor. Some of the funniest people I know are in surgery.

"With all the HIPAA regulations and the concerns about the social media stuff out there, they really can't talk about work and share their funny stories because they're afraid they're going to get fired."

Every operating-room employee tweet and Facebook posting is a potential lawsuit in the eyes of hospital legal departments.

So, Ryan created Funny Surgery Stories as a place where surgeons and other operating-room personnel can anonymously post their humorous stories.

"I take great pains to be sure we have HIPAA-compliant videos and stories up on the site," Ryan said. "I'm more well versed than most people on the subject, given my regular lecturing around the country on privacy and federal security and identity theft laws and HIPAA regulations. And we have two folks who work with us who help review for HIPAA compliance."

NOT SO FUNNY?

But Funny Surgery Stories has more than a few critics.

"Whether there's a name attached to it or not, you're putting out what is going to be perceived as a factual story, and whether or not they hide the surgeon's name or they hide the facility's name, you're putting up things which you don't have any accountability for," said a top executive at one of the largest hospital groups in the country.

"There are enough people who are afraid to go to doctors now," this executive added. "They're going to be even more scared when they start hearing stories like these that may or may not be true."

Another critic, an official at a major manufacturer and marketer of surgical equipment, weighed in with, "The videos appear to be staged and the general consensus here is that the site is in very poor taste. We felt the videos were childish and belittled the patient and that the stories, while presumably legal, violated a trust."

"The site seems to be intended for humor and levity," said a representative for a top patient safety and medical risk management organization. "But it does not give the appearance or hold itself out to be peer reviewed. So I would say it is much like the rest of the Internet: consumer beware."

SUPPORT ELSEWHERE, LIKE INSURANCE

Ryan, a lifelong entrepreneur who has launched 10 successful companies in various industries, has supporters in some important places.

Jerry Ippolito, owner and CEO of Naples, Fla.-based OR Efficiencies LLC, which offers healthcare consulting services, including surgery center consulting and operating room management, said, "You can only truly appreciate this humor if you've been in this business for 32 years like I have. You have to respect freedom of speech. I was with the chief of staff of a very major medical center not long ago, and we were looking at one of these cartoons. As a skilled physician and a highly accomplished business person, this doctor was laughing hysterically. You have to find amusement in this. It's funny."

And just in case, Ryan, who has patents on several surgical devices, said she has "a bunch of insurance" through a policy created for her by Jeff McCart of The McCart Group, in Duluth, Ga., a suburb of Atlanta. She has media errors-and-omissions coverage through OneBeacon Insurance Co.

Those wanting to participate in FunnySurgeryStories.com can submit videos (for "OR Funnies") of themselves telling their funny operating room stories, placing them first on YouTube, from which they are then transferred to Ryan's company for HIPAA-compliance review.

Titles of some "OR Funnies" include "Emergency Room Rap," "Waking Up is Hard to Do," and "Monty Python--Gumby Goes to Surgery."

The most popular part of the site to date is "The Witless Protection Program," in which people can upload written stories for prizes. This feature currently is bringing in between four and five entries a day.

The third feature of the site, and one Ryan clearly relishes, is "As the Scalpel Slices," a weekly three-minute podcast that's like an old-fashioned radio soap opera based in an operating room.

To create a cast of characters for this feature, Ryan has hired two comedy writers, one who has written TV shows and movies, and the other who is a former writer for "Saturday Night Live."


View the original article here

Thursday, May 19, 2011

Agreement, pre-authorization secure benefits for back surgery

In Wyoming, when a worker enters into a settlement agreement with the Safety and Compensation Division wherein the division agrees to pay for all reasonable and necessary medical treatment, and the division pre-authorizes treatment, the division has the burden of proving medical treatment is not reasonable and necessary.

Case name: Lane-Walter v. State of Wyoming, No. S-10-0087 (Wyo. 03/24/11).

Ruling: The Wyoming Supreme Court held that a worker's surgical implantation of a device in her back was reasonable and necessary medical treatment for her work-related injury, entitling her to compensation.

What it means: In Wyoming, when a worker enters into a settlement agreement with the Safety and Compensation Division wherein the division agrees to pay for all reasonable and necessary medical treatment, and the division pre-authorizes treatment, the division has the burden of proving medical treatment is not reasonable and necessary.

Summary: A roof bolter operator in an underground mine injured her back while working. She never returned to work after her injury. She underwent several surgical procedures that exacerbated her condition. Thirteen years after her injury, she entered into a settlement agreement with the Safety and Compensation Division, in which the division agreed to pay for medical treatments related to the work injury. The operator later sought to have a surgical implantation of a device in her back. The division told the operator the surgery was pre-authorized but denied benefits for the surgery. The operator underwent the surgery, which relieved some of her pain. The Wyoming Supreme Court held that the operator was entitled to benefits for the surgery.

The court said that after surgery, the operator continued to use many of the same prescription medications she used before surgery, but at a reduced level. The division treated her continued use of medications as proof that the surgery was not reasonable or necessary, which the court said was incorrect.

The court also explained that a doctor's independent medical examination was "based upon dated materials that he summarized inaccurately and in a manner that shed the worst possible light" on the operator. The court was bewildered that the operator was considered a dishonest witness because she claimed numbness in her toes was improved by the surgery, which the doctor said was not possible.

A concurring judge disagreed with the majority's placement of the burden of proof on the division, stating that it would cause problems in future cases.

Read more at the WorkersComp Forum homepage.


View the original article here

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