Kevin, MD, recently wrote a piece on “defensive medicine”, which he defined as
the deviation from sound medical practice to avoid the threat of malpractice litigation…. This can range from “positive” defensive medicine, like ordering unnecessary tests, referring to consultants, or performing unneeded procedures; to “negative” defensive medicine, like avoiding high-risk patients or procedures.
I initially surmised that psychiatry is not as susceptible to litigation and thus, is not as prone to practicing defensive medicine.
Upon further reflection, however, this is untrue. There are many examples of defensive medicine in psychiatry; let’s consider the role of hospitalization in preventing suicide.
There is absolutely no evidence that hospitalizing people who are endorsing suicide actually prevents suicide, both in short- and long-term follow-up periods. No one will ever pursue this study because it is ethically unsound. To apply the “gold standard” of scientific evidence to this question, the study would have to gather a large group of people endorsing acute suicidality (what would this definition mean? suicidal ideation only? an actual attempt? acts of self-harm that are not intended to end life, such as cutting? some combination of the above? something else entirely?). Members of this population would be randomly assigned to either hospitalization or something else that is not hospitalization (sent home? follow up appointment the next day?). If the “something else that is not hospitalization” is a return to the community, that could possibly qualify as “placebo”, but the fact that someone presents to the mental health field with suicidality is an intervention in of itself. And there is no way to “blind” this study: everyone will know who is hospitalized and who is not.
Further complications of this question include the context of the suicidality: Should diagnoses be considered, or should the focus be on suicidality only, regardless of “cause”? (For example, the person who is intoxicated with alcohol and is endorsing suicide is not the same as the person who is psychotic and is endorsing suicide in an attempt to “beat the aliens to it”.) Is there a difference between the individual who is enrolled in mental health services and followed the instructions of his provider to seek psychiatric help, and the individual who has never interacted with the mental health system and was literally pulled off of the bridge by firemen? Do we take into account the person who has been hospitalized over twenty times for suicidal ideation or attempts, versus the person who has never thought about it at all in the past?
It’s complicated.
In fact, there is a paper that suggests that the highest risk of completed suicide occurs during the first week following admission to and the first week following discharge from the hospital. The data from the paper also suggests that many other factors affect the suicide risk (shorter hospitalization lengths increase risk; mood disorders affect the risk the greatest; women who have been admitted in the past have a higher risk; etc.).
However, while this paper provides information, we cannot draw many firm conclusions from it (i.e. hospitalization causes suicide). First of all, the data from the paper came from Denmark (the country maintains a national population registry)—can we apply Danish information to Americans? the British? Australians? Secondly, we don’t know what the suicide risk is for people who are not hospitalized; that is, although the rates for suicide around the time of psychiatric hospitalization are at their highest, would the rate be significantly higher if people weren’t hospitalized at all? We can estimate how many people kill themselves, but we don’t know for sure—the health care system only sees those people who (1) failed in their attempts (or were otherwise “caught in the act”—pulled off of the bridge, had the gun yanked out of their hands, etc.) and (2) admit to thinking about it and are presumably ambivalent about suicide.
We never hear from or see the people who successfully kill themselves.
How does this relate to defensive medicine? Some psychiatrists routinely hospitalize patients (through coercion, either with or without the “help” of friends, family, et al.) who endorse suicidality when “clinical suspicion is low” that the individual will actually commit the act. The belief is that if someone is in the hospital, the risk of suicide drops significantly—after all, the ward is locked, there is less access to means of killing oneself, and there are people (nursing staff) presumably monitoring the situation. There is also the sense that the psychiatrist, by admitting this person, is “doing something”, versus asking the patient to return for an outpatient follow-up appointment the next day, which seems more like “not doing much”. (This drive to “do something” is also what propels physicians to prescribe medications that are not necessarily indicated.)
Sometimes, hospitalizing patients is not the most therapeutic or appropriate approach (for example, for people who endorse chronic suicidality). However, to reduce risk and prevent litigation, the patient ends up in the hospital to prevent a potential malpractice lawsuit against the psychiatrist. Psychiatrists are human and humans cannot predict the future. Humans can, however, assess risk—and some people are more risk-averse than others.
(To be clear: Hospitalizing someone does not mitigate the suicide risk. Patients do kill themselves in the hospital.)
The lack of data in this issue, though, reminds me of the BMJ parachute paper:
As with many interventions intended to prevent ill health, the effectiveness of parachutes [to determine whether they are effective in preventing major trauma related to gravitational challenge] has not been subjected to rigorous evaluation by using randomised controlled trials. Advocates of evidence based medicine have criticised the adoption of interventions evaluated by using only observational data. We think that everyone might benefit if the most radical protagonists of evidence based medicine organised and participated in a double blind, randomised, placebo controlled, crossover trial of the parachute.
When jumping out of an airplane, one uses a parachute out of common sense. Can the same be said of hospitalizing someone who is endorsing suicidality? Does evidence-based practice only complicate (and obfuscate) straight-forward issues?
I don’t know the answers to these questions. I hope that there comes a day, though, where doctors and patients trust each other more… and that doctors can comfortably focus their energies on their patients instead of on themselves.
5 Apr 2007 |
I love the article linked. I read through a few of the rapid-responses as well. What happens to a doctor’s sense of humor when he or she hits academic medicine? Seriously folks, the article is funny.
Comment by Parcho | 6 Apr 2007 @ 6:01am
Working with psychiatrists who have been sued because “they should have known all the possible reactions of a particular medication”, I see defensive psychiatry all the time. I also work with a psychiatrist who tells welfare that everyone is disabled for 18 months or more (even if their therapist vehemently disagrees) because she is afraid that the person will attack and hurt her if they lose their disability check. It bothers me quite a bit but as I am but a lowly social worker, my opinion is rarely asked….
Comment by donna lee | 6 Apr 2007 @ 9:34am
We all(MD’s) do defensive medicine(ie bad care because we are afraid). It is really a question of degree. Afraid of having someone go bad like the last person we saw, short of breath and tachycardic, had the PE found at post mortem. Afraid of the angry patient that swore at our recptionist in the lobby for 10 minutes because we didn’t refill their narcotics. Afraid of the dwindling reputation/ full schedule book, months of wait to see you that indicates your worth that results from the unhappy, bad mouthing customer. Afraid of the colleague’s criticism when you might change the direction of care or question a dignosis, test or procedure….
I was struck by the degree of Kevin’s fear of the boogey man Lawyer. My sense was the public shame of a suit might be the motivation….I know that has been for some docs I work with. We are such a compulsive group.
It is these motivations we can learn from…
I find it so fascinating that the docs most angry about trial lawyers are also the ones most opposed to single payer systems. Huge awards for malpractice(since the lions share of the award is for future medical costs) would disappear under a single payer system…Of course, we shouldn’t reform healthcare because of our fears, just like we shouldn’t practice medicine or live our lives for such reasons.
Comment by Dan J Schmidt | 6 Apr 2007 @ 4:24pm
I’m not seeing evidence of defensive admissions of the potentially suicidal.
What I do see is careful documentation by the screening person, then by the psychiatrist, to delineate the situation, then the decision.
Anytime one is dealing with someone unknown to them, there must be an element of caution, and a period of observation considered to verify or contradict initial impressions.
Comment by Greg P | 7 Apr 2007 @ 8:12am
very intersting analysis.
john edwards, the 2008 candidate, pioneered the art of suing psychiatrists when their patients committed suicide.
http://washingtontimes.com/national/20040816-011234-1949r.htm
what a waste all around.
Comment by drcharles | 8 Apr 2007 @ 3:37pm
In practical terms, where I live, it would be relatively easy to compare what happens to suicidal patients that are admitted to hospital with what happens to suicidal patients that are in the care of home treatment teams, because not every area has a home treatment team, and because different areas have different availability of beds. Of course, it wouldn’t be entirely random, but it would afford a comparison of sorts.
Comment by Nutty | 9 Apr 2007 @ 6:57am
I knew two people personally (not patients) who committed suicide. One was a psychiatrist who had been hospitalized and was in the hospital, one was a patient discharged a week prior from hospital, who had been in day treatment that pm. One patient who committed suicide had been discharged from the hospital by consulting psychiatrists. None were patients who threatened/had ideation of/suicide but were not hospitalized. As a matter of fact, in 30 years, I have never had a patient who went home and killed themselves unexpectedly.
Comment by Pat | 11 Apr 2007 @ 5:27pm
A curious observation.
I’ve written a few articles about ER psych, especially what to do with a suicidal patient. In every case, the reviewers take issue with passages that advocate discharge, even though the passages are hypothetical. For example, I might write, “Discharge of the suicidal patient should include calling X, doing Y, Z, etc” and the reviewer will respond, “discharge, _after a brief hospitalization_, should include…”
But as a separate point, a lot of psychiatrists get hung up on the hospitalization of the malingerer, invoking lawyers: “well, I have to admit him because he’s saying all the right things (i.e. that he’ll kill himself) and I don’t want to get sued.”
And I try to tell them, look, if you think he’s malingering, then it doesn’t matter what he says, because he won’t actually kill himself, and you won’t get sued.
The real issue is one’s ability to accurately detect malingering. And that, I’m afraid, has nothing to do with lawyers.
Comment by TheLastPsychiatrist | 12 Apr 2007 @ 1:23pm
The sole proven method of decreasing the suicide rate is enforced, long term treatment of the disorders that cause it. A number of naturalistic experiments support that idea. Short term hospitalizaton has no impact on the suicide rate.
The Air Force suicide program has held up well, and represents a model for corporate America. Employees and members of the military might be ordered into long term treatment to keep their jobs.
Aggressive case management in Scandinavia reduced the rate, in the face of rapid psychiatric hospital closures. Strategies are reviewed in this article requiring a subscription.
http://jama.ama-assn.org/cgi/content/full/294/16/2064
In the US, the FDA included a totally irresponsible black box warning about anti-depressants causing suicidal ideation in young people. The warning deterred the prescribing of anti-depressants to young people by non-psychiatrists. The increase in the suicide rate killed 100’s of excess suicide victims by decreasing the number in long term treatment of depression.
http://abcnews.go.com/Health/Depression/story?id=2850783&page=1
Not likely a coincidence, but verified by a study of prescription patterns before and after the irresponsible FDA warning.
http://archpsyc.ama-assn.org/cgi/content/short/64/4/466
I have called for the resignation of the members of the review committee that favored this warning, the FDA Commissioner, and the secretary, Secretary Mike Leavitt. If I made a decision at work that assassinated hundreds of innocent people each year, I would resign.
An expert testifying that failure to hospitalize caused a suicide testifies falsely. False testimony is unprofessional conduct. All doctors have an obligation to report false testimony to licensing authorities. Unfortunately, false expert testimony has total immunity from civil liability, at the Supreme Court level. The expert cannot be sued for civil damages. Only a federal statute may reverse this decision.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=460&invol=325
Comment by SuicideMalpractice.net | 30 Apr 2007 @ 10:09pm