Need More Common Sense Decisions
“Common sense in not a common virtue” is a phrase my father frequency states. This comment is true when it comes to the regulation of the practice of medicine. Things that many practitioners believe are common sense are not based on some rules of the Texas Medical Board.
An example is a recent case. Generally speaking, it was a question of using a prescription amount beyond the recommendations found in the PDR. The Board alleged that going beyond the PDR amount was not within the standard of care. However, their own expert said that the use of medication based on the presentation and condition of the patient was within the standard care. We also had an expert who agreed. Yet, Board staff continued with its allegations of a violation of the standard of care.
We successfully argued before the Board that such an allegation be immediately dropped.
The Board staff also argued the medical records failed to provide a rationale for the treatment. However, the objective and the subjective information clearly demonstrated the need for the medications. Again, the Board’s own experts stated they could “infer” the rationale for the use of the medications. Our expert also stated that anyone practicing in this specialty could easily understand the medical records. Yet, still the Board staff argued otherwise.
We were also successful on this argument.
Despite this, we had long discussion on the need for clear documentation of rationale for all treatment. It is no longer 1+1=2; it is how does 1+1= 2. In order to protect yourself, it is critical in your medical records to advance a rationale for not only medications, but treatments and even diagnosis.
- Jon Porter
www.healthlicensedefense.com
