Showing posts with label corruption. Show all posts
Showing posts with label corruption. Show all posts

Friday, August 12, 2011

Greed, corruption and medical procedures: ignoring or suppressing the evidence?


One of the challenges for physicians who seek to advocate for patients by championing cost-effective, evidence-based medicine is opposition from the medical community itself. Physicians and other health care providers, as individuals, may practice evidence-free medicine, continuing to do things that have been shown not to work, to cost more than treatments that are equally effective, and sometimes to do harm. Sometimes this comes from ignorance of the evidence, because it may seem to be too hard to keep up. Sometimes it is because practitioners have “always” done it this way”, taught years or decades ago by their teachers. Or they may think that “their” patients are different from the ones who were studied; that “their” practice has shown them what works; that there is an “art” of medicine separate from the science. Maybe they are sometimes right, but usually they are wrong.

Yes, many important studies from which evidence-based guidelines are derived do not include all types of patients. For years poor and minority people were the main substrate for research (see “Tuskeegee”). More recently, perhaps in overcompensation, poor and minority people have been left out of research trials, which funders interested in health disparities (including the National Institutes of Health, NIH) are trying to change. But the fact that the patients you take care of were not included in these studies is not sufficient evidence for the results not applying to them. And, importantly, providers caring for exactly the population of patients who were studied are no less likely to ignore the results.

It is good to learn from your teachers. Hey, I’m a teacher. But new evidence emerges, and your patients count on you to be aware of it, to use it, to be on top of the knowledge that they cannot be. Does it take time? Sure. But that is the job. And for doctors that is one of the reasons that they are well-paid. To keep up. But what about one’s own personal experience? Experience is a good guide, in the absence of other evidence, but rarely does one provider have sufficient experience to have stronger evidence than large clinical trials. Moreover, “anecdotal” experience (“I once had a patient who X treatment didn’t work for”, or more likely “I once had a patient where Y treatment worked great”) has its own pitfalls. Mainly, it is usually wrong, even in the context of that individual provider’s practice. We have a tendency to remember the unusual, and to remember that for use in our future practice rather than the usual. I remember, while working in an urgent care center before the advent of “rapid step tests”, I had to  review yesterday’s throat culture results. I would see a positive result and say “Ha! I knew that patient had strep!”, but not consider all the negative tests on patients for whom I may have thought the same thing.  This is why we do large clinical trials. The “art” of medicine is important, especially in areas where there is no, or insufficient, evidence, and in translating that evidence into what the patient should do. The art of medicine is not, however, in ignoring the evidence.

Much more serious, however, is when greed causes physicians refuse to abide by the evidence because it shows that something that they are doing, which makes them money, is not indicated. This too can be subconscious, because if you have been doing a procedure for a long time believing it works, it is hard to suddenly change your mind because of new evidence. It is easy for your subconscious to deny that this resistance has anything to do with your own economic benefit, and is rather the result of your knowing it works. But when large groups of physicians, professional societies, get involved, it is no longer subconscious. It is financial protectionism pure and simple.

A good example of this is the recent opposition to recommendations by the Institute of Medicine (IOM) suggesting how the Food and Drug Administration should make rules governing the use of medical devices. Some manufacturers and physician groups  began to criticize them before they were even published (“Study of medical device rules is attacked, unseen”, Barry Meier, NY Times, July 28, 2011). The failure of many medical devices currently on the market, including artificial joints and defibrillators, was the impetus for this report. The IOM, a group of independent physicians and scholars convened by the National Academy of Sciences, are tasked with making recommendations on a wide variety of medical issues. Many of their most well-known reports focus on quality and patient safety, such as “To Err is Human: building a safer health system”. As Meier reports, a business group representing many of the device manufacturers went for the old “the best defense is a good offense” strategy and attacked the rules before they were promulgated. It is self-serving, but not surprising: “With millions of dollars of product sales at stake, the experts said, it is not surprising that the device industry and others would want to avert what they see as potentially restrictive new rules. Still, the lobbying has taken on a tone akin to Washington infighting over an issue like bank regulation, rather than patient health, they said.” Guess what? With millions of dollars at stake, it is exactly like attacking new bank regulations rather than focusing on patient health!  (For those who are interested, the actual IOM recommendations on medical devices, Medical Devices and the Public’s Health: The FDA 510(k) Clearance Process at 35 Years  is available on line.)

Of greater concern than these actions by the Washington Legal Foundation (additional information available in Wikipedia), a “pro-business group”, representing the self-interest of manufacturers, is the involvement of physicians. WLF’s attorney, Richard Samp, “… said his organization took action after the issue was brought to its attention by a lawyer who works at a firm that represents device makers. Shortly after filing its petition, the legal foundation was contacted by an official of the American Academy of Orthopaedic Surgeons, which represents doctors who perform joint replacements, who congratulated it for ‘taking the bull by the horns,’ Mr. Samp said.”

This is not the first time that orthopedics organizations (which for some reason choose to use the British-style diphthong “orthopaedics” despite being Americans who do not make a practice of using other medical diphthongs such as haemorrhage, oesophagus, anaemia or oedema) have chosen to attack evidence-based rules by political means. When, back in 1995, the Agency for Healthcare Policy and Research (now the Agency for Health Quality and Research, AHRQ) issued evidence based guidelines that recommended that certain popular (and remunerative) surgeries for back pain were not very effective, the orthopedic groups were able to convince Rep. Henry Bonilla (San Antonio) to introduce legislation to de-fund the agency! (“Agency’s report provokes a revolt”, by Neil A. Lewis, NY Times September 14, 1995).That’s playing hardball! However, the procedure, vertebroplasty, was overused, usually didn’t work and often caused harm. Interestingly, mounting evidence of its inutility continues to this day, recently for vertebral fracture in the British Medical Journal[1] [2], the results of which summarized by the editors of Journal Watch General Medicine.[3]

I don’t want to pick especially upon orthopedists (or orthopaedists), although as high-income procedural specialists, they have been involved in more than their share of these issues. Many of the IOM’s recommendations involve procedures done by other specialists, including cardiologists. Indeed, we need to applaud the work of the academic cardiologists who have done the studies that show that many of these procedures that constitute a major source of income for their practicing colleagues (the pâté and vichyssoise if not the bread and butter) are not indicated.

The researchers doing this work are some of the true heroes of medicine. Those who hold on to evidence-free procedures because they make a lot of money from them need to be careful that they do not join the villains.

 

[3] “The results do not support routine use of vertebroplasty in patients with vertebral compression fractures, including those with recent-onset pain or severe pain at baseline. Strengths of this meta-analysis include its use of individual patient data and the blinding of patients to vertebroplasty or sham procedures. As noted by the authors, lack of blinding overestimates treatment benefit, which casts doubt on the results of a recent nonblinded randomized trial that suggested vertebroplasty is superior to conservative treatment (JW Gen Med Sep 2 2010).

Sunday, January 3, 2010

The business of America...or is America a business?

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The business of America,” President Calvin Coolidge said, “is business.” His only famous quotation (after all, the guy’s nickname was “Silent Cal”), it is almost a mantra guiding the actions of Presidents, and Congresses, and state legislatures, since. It can be seen almost as a tautology, recognizing that successful businesses are essential to the economic success of the entire country, and the world. Pursued to perversion, with governments not just facilitating the success of business but doing anything businesses want, with no respect for the balance between business success and negative impact, however, it can have terrible results for society -- for many people, or, as in the recent implosion of the economy, for all people. Completely abandoning all regulation of financial derivatives, the housing market, etc., was predictably a bad idea. But, of course, those predictions were not heeded.

And are not being heeded. On the heels of the enormous public bailouts, absent any requirements that the financial industry actually do anything to help Americans (like, say, lend them money), we continue to see further deregulation. The Supreme Court will soon decide on whether to permit corporations, not just the individuals who own and work for them, to contribute to political campaigns. Many folks think that the conservative majority will say “yes”, based on the legal fiction that corporations are people, and therefore have First Amendment rights to freedom of speech.

Of course, corporations are not people, and the “founding fathers” who wrote both the Constitution and Bill of Rights had absolutely no intention of considering them as such. Indeed, given their experiences, most were quite suspicious of – often hostile to – corporations, which is why the Constitution provides for state control of them. This was because, as stated in an interesting discussion by Jan Edwards on the “Third World Traveler” website, “State governance was closer to the people and would enable them to keep an eye on corporations. In the eighteenth century, corporations had very few of the powers that we now associate with them. They did not have limited liability. They did not have an unlimited life span. They were chartered for a limited period of time, say 10 or 20 years, and for a specific public purpose, such as building a bridge. Often a charter would require that, after a certain amount of time, the bridge or road be turned over to the state or the town in which it was built. Corporations were viewed differently in early America. They were required to serve the public good.” Things, however, have changed, and this is apparently an area in which the “strict constructionists” on the Court are a little less strict.

Would this make a big difference? Well, perhaps conceptually it would, but corporations are already able to use their money to have great influence over policy. This includes the donations to candidates by the people associated with them, but more often and in greater amounts to the soft-money PACs to which they contribute. On the health care front, the New York Times recently ran an article (December 29, 2009) unfortunately titled Health Lobby takes fight to the states (I say unfortunately because, as the article makes clear, it is the lobby for the health care industry, not lobbyists for our health!) that looks at efforts in state legislatures to not participate in any health reforms that eventually pass Congress. The rationale for opposing the changes that would prevent insurance companies from denying coverage to people because of pre-existing conditions, and at least potentially extend coverage to the majority of the uninsured, is, according to author David Kirkpatrick, is based “on the grounds that it tramples individual liberty”. This is eerily reminiscent of the first point in Andy Borowitz’ December 17 piece, Senate Unveils CompromiseCare: “Under CompromiseCare (TM), people with no coverage will be allowed to keep their current plan”. Except that was intending satire; I don’t think that the 42 Florida Republican legislators pushing this plan meant to be self-satirical (but, hey, who knows?)

More interesting, and bringing this back to the influence of corporations on policy, Kirkpatrick notes that those 42 co-sponsors “…were almost all recipients of outsized campaign contributions from major health care interests, a total of about $765,000 in 2008, according to a new study by the National Institute on Money in State Politics, a nonpartisan group based in Helena, Mont.” Amazing. The suggestion is that these wealthy corporations are buying votes. A reader might conclude that these legislators, and so many others, are corrupt scuzzbuckets. But it is, probably, coincidental.

Maybe. After all, in our current political culture it takes money to get elected, money to get the word out on your positions, money to get the word out smearing your opponent, to buy radio and TV time. And it is a known fact that very rich people and corporations give much more money to politicians than poor and working people. So why would we think that they wouldn’t have an influence on the votes of these legislators, or those in Congress? Whether it is a matter the legislators “paying their donors back”, or simply of those donors funding the election of candidates who really believe in the issues important to them -- such as corporate personhood, or that trying to ensure that people get health care coverage tramples on their individual liberty. Or maybe those candidates just care more about that individual corporation than are about those cheap poor people who don’t make campaign contributions. OK, they’re corrupt scuzzbuckets.

I don’t know why, at my age and my at least moderate knowledge of history, I continue to be amazed by this. After all, one of the most corrupt Presidential administrations was that of Warren G. Harding, whose vice-president (and successor) was ol’ Silent Cal himself. I think there are a lot of Americans who actually think that their elected officials should work on their behalf, not on that of a monied corporate elite; they were responsible for the election of Barack Obama to the Presidency. Perhaps they thought that was enough, and now they could go back to watching TV, or playing on line at Facebook and Foursquare.

But they have to stay involved, because the powerful have the resources to keep coming back. If the people can defeat them once, they will try again. If the folks who voted for Obama do not keep working, inertia will lead to control staying with those who can afford to buy politicians. We cannot allow our country to be sold to the highest bidder
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