States May Warn Doctors to Follow Smoker Treatment Guidelines or be Sued for Medical Malpractice

NewsRx ^ | 03/11/2008 | PROFESSOR JOHN F. BANZHAF III

[Conservative Vermont Vet]

"Public interest law professor John Banzhaf, whom the media has dubbed a "driving force behind the lawsuits that have cost tobacco companies SMOKERS billions of dollars,"

All costs and fines in addition to legal fees defending lawsuits have been passed on to us smokers, not to mention the Gazillions in Fed, State and other taxes we have paid--much MORE than could ever be considered as a "cost" associated with any perceived "treatment" (WHICH HAS NEVER BEEN DEFINITIVELY PROVEN ANYWAY) to other non-smokers.

Also, it has been widely publicized that we smokers die prematurely as a result of our nasty, disgusting habits.

If so, does it not stand to reason that we are saving even more Bazillions in Social Security benefits not having to be paid?

I would bet that presently, Illegal Aliens are probably costing more in health services than smokers not to mention, the "weight challenged," who are also said to suffer more incidences of diabetes, hypertension, heart conditions, etc.

ENOUGH ALREADY. Either ban it completely or leave us to hell alone!!!

[Shortcake]

From the guidelines:

" Patients unwilling to try to quit tobacco use should be provided with a brief intervention designed to increase their motivation to quit.

One important conclusion of this guideline is that the most effective way to move clinicians to intervene is to provide them with information regarding multiple efficacious treatment options and to ensure that they have ample institutional support to use these options. Indeed, in this guideline, the panel encourages a culture of health care in which failure to treat tobacco use—the chief cause of preventable disease and death—constitutes an inappropriate standard of care."

I found it at:

http://www.surgeongeneral.gov/tobacco/treating_tobacco_use.pdf

Now they are threatening health care providers with lawsuits if they do not act as "Big Brother". How long will it be before doctors begin to refuse to treat smokers as patients, or increase the cost of office visits for smokers? (even for non smoking-related visits)

[Just another Joe]

Who knew that those evil docs were forcing these poor souls to smoke

You mean your family doctor didn't sit you down on your yearly visit when you were 11 years old, give you a cigarette and a Zippo lighter, and tell you to smoke that thing, and to KEEP smoking them?

How awful your childhood must have been.

[metmom]

The letter notes a recent study which shows that physicians are killing more than 40,000 American smokers each year by failing to follow federal guidelines which mandate that the doctor warn the smoking patient about the many dangers of smoking and provide effective medical treatment for the majority who wish to quit.

Oh, what a bunch of crap!

With the huge anti-smoking campaign we've seen in this country, I doubt there's a person out there that knows that smoking isn't good for you. And I'd like to meet a doctor yet who wouldn't be willing to provide some form of treatment for someone who was asking for help quitting.

If the patient doesn't want it, that's their choice. The doctor shouldn't be in a position of having to force it on him.

[Alamo-Girl]

Thanks for the ping!

[Bitsy]

Since physician malpractice kills over 40,000 smokers annually
How many children does abortion kill annually. These idiots should get their priorities straight - oh, but there is no money involved in stopping abortions- I forgot.

[wiggen]

drs, dentists,they all tell me to quit. never had one that didn’t. “the big lie”. place the word malpractice in the story and immediately head to court with nobody questioning whether or not its true.
global warming. asbestoes lawsuits. and on it goes

[ccmay]

Primary care physicians are already being squeezed beyond reason. The Medicare conversion factor (sort of an index to how much the government pays for medical services) was over $38 in 2001. It's now about $34, and due for another 15% cut over the next two years. That's about a 25% pay cut, even before taking inflation into account. In real terms it is approaching a 50% pay cut, and there are certainly more cuts ahead. Private insurance companies typically index their reimbursements to Medicare rates, and will be following them down.

And then there is the issue of malpractice insurance, which has doubled or tripled for many specialties in the past decade. It will increase much, much more if doctors are now to be held liable for their patients' own moral failings. There are already plenty of obstetricians whose malpractice insurance payments exceed their take-home income. This new standard of care would make that the rule for everyone who sees patients.

Your internist or family doc or pediatrician has to move the patients through his office in an average of ten minutes or less. If it goes to fifteen minutes, he makes less money than a bus driver. If it goes to twenty minutes, he goes bankrupt and closes his doors.

If he is now required to take a few minutes at each visit to badger every nicotine junkie or glutton about their lifestyle choices, at the risk of being sued for everything he owns if he fails to change their ways, then I can assure you that a lot of them are going to pack it in for good. Society's expectations of physicians have already gone far beyond the reasonable and are now well into the ludicrous. This organization's proposals would push us into the realm of sheer lunacy.

Here is a cost-benefit analysis of medical school versus driving a UPS truck. The results will surprise you. The outcome is similar for skilled tradesmen like plumbers or auto mechanics. It will soon be the case that nobody would want to go to medical school but Mother Theresa types, and there are precious few of those.

We stand on the verge of dismantling the greatest health care system in the world. The time is fast approaching when women in labor will be routinely delivering on their kitchen floors. Society is soon going to have to choose whether it values physicians more than maniacal scolds like Prof. Banzhaf and greedy lawyer slime like John Edwards. There will be no way to keep both.

-ccm

[VeniVidiVici]

I see they are a graduate of the Spitzer School of Shakedowns and Blackmail.

Wonder if they take the same position on providing medical information on abortions?

[ichabod1]

Doesn’t matter. Never admit it so the verbal statment can be used against you, that’s what the poster is saying, I think.

[Old Professer]

That would be the same as pleading guilty before the fact...

Your double cheeseburger with fries is next.

[cbkaty]

How long before a doctor can have you committed for failing to following sane guidelines for living? Or will you just be refused medical care as an incorrigible smoker.

Actually one that disobeys the "new rules" will be entered into the MASTER REFERRAL database.

The newly established Department of Compliance will investigate and report your noncompliance to your employer, the local mental health authority, local, state, and federal law enforcement, for review and final disposition.

[Old Professer]

Have you seen the latest crop of jurors?

[BikerJoe]

Society is soon going to have to choose whether it values physicians more than maniacal scolds like Prof. Banzhaf and greedy lawyer slime like John Edwards. There will be no way to keep both.

Remember what Bill Shakespeare said in "Henry VI"?

[Old Professer]

They don’t even have to smoke; there’s ETS.

[Gabz]

ENOUGH ALREADY. Either ban it completely or leave us to hell alone!!!

AMEN!!!!!!!! Well said.

[Harrius Magnus]

“http://www.surgeongeneral.gov/tobacco/treating_tobacco_use.pdf

Now they are threatening health care providers with lawsuits if they do not act as “Big Brother”. How long will it be before doctors begin to refuse to treat smokers as patients, or increase the cost of office visits for smokers? (even for non smoking-related visits)”

Yep. 196 pages long, the new standard of care. cram it in with all the other things (firearms, seat belts, etc) in that 10-12.5 minute visit, or risk giving it all up.

FRiend, doctors will refuse smokers. There is no legal way, if you take Medicare, to “increase the cost” to cover a patient who smokes. The fee is fixed - and other insurance companies pay at rates indexed to Medicare.

[CSM]

“drs, dentists,they all tell me to quit. never had one that didn’t.”

My standard rule is that they get one opportunity to lecture me about my smoking. I then make them write it in my chart that they should not ever mention it again. I instruct them that the moment it gets mentioned again, is the moment they lose me as a patient. Most of them are pretty good at following my rules.

[Allegra]

GET

THE

GOVERNMENT

OFF OUR BACKS!!

[Gabz]

How long will it be before doctors begin to refuse to treat smokers as patients, or increase the cost of office visits for smokers? (even for non smoking-related visits)

It's probably already happening here. We know for a fact it is already happening in Great Britain.

3 years ago my husband had to take me to the ER on a Friday because I had broken my ankle and our GP doesn't have Friday office hours. One of the first questions I was asked (after name and insurance info) was did I smoke. What does smoking have to do with a broken ankle?

To be honest, had I been smoking at the time I most likely would not have broken my ankle. Had I had a lit cigarette I would have turned a light on to put it in an ashtray, instead of crossing a dark room and tripping.