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Malpractice and Manslaughter in a Mansion: Will Conrad Murray’s Conviction Impact Future Physician Suits?

9 November 2011

What will the conviction of Conrad Murray mean for physicians regarding future malpractice suits, the practice of pain management, and physicians’ culpability, if anything?

On one newscast, prior to the verdict, a legal commentator stated “juries don’t like to convict doctors” (in criminal cases).  The commentator went on to add that Dr. Murray was a tall and imposing fellow, and therefore could be less likely to be convicted. As we now know, the commentator’s prediction was incorrect.

Hopefully the justice system, including the Michael Jackson trial jurors, weighed more than appearances during the deliberation.

Apparently they did, because they convicted Dr. Murray of manslaughter. What does this say, if anything, about the practice of pain management, and malpractice penalties for physicians nationwide?

It is my opinion that this case will have little, if any, bearing on the practice of pain management. True, prescription drug use and abuse is widespread and is a “major cause” of death in the nation. However, the case of Michael Jackson’s death was very high-profile, and so unusual, that it doesn’t seem that this case will make much of an impact on future malpractice cases which are much more anonymous than that of a global superstar such as Jackson.

How many addicted patients have a full-time personal physician at their beck and call as Jackson did in Dr. Murray? Most addicts have multiple sources of drugs, including several physicians, pharmacies, identities, and black market sellers. Therefore, in cases of a patient’s death by drug overdose, it is often more difficult to place the blame on one specific physician or healthcare professional. Often, providers are unaware that a patient is shopping their “pain” around to multiple doctors and pharmacists.

Another atypical circumstance of the Jackson case is that the patient died in the presence of the physician, who also failed to call 911. Furthermore, according to reports, Dr. Murray had no back-up medical support, even though he had been administering a drug that is not intended for home use at all. Jurors report that all of these factors, plus the fact that Dr. Murray left Jackson unattended while being administered propofol, contributed to the guilty verdict.

Furthermore, Dr. Murray was not even a pain management doctor by training or trade. He had practiced cardiology for the majority of his career, plus a bit of primary care.

Therefore, it is unlikely that this case will have much of a direct impact on many other cases – unless there are a number of doctors illegally administering hospital anesthesia at patients’ homes, which hopefully is not the case.

Even if Dr. Murray had been acquitted, his medical career was over, and most likely he would have been convicted in the court of public opinion, as more details were discovered and publicized about his suspect behavior surrounding the death of the King of Pop.

Dr. Murray was found to be directly responsible for Jackson’s death. Dr. Murray was hired by Jackson, and, therefore Jackson was Dr. Murray’s boss. Dr. Murray maintains that he was merely following orders, but shouldn’t a licensed physician refuse to perform or administer illegal, unethical, and unsafe procedures or drugs, even if instructed by his or her employer?

Dr. Murray probably never could have imagined he would ever be in such a peculiar, bizarre situation, even when he signed on to be Jackson’s personal physician. As such, Dr. Murray found himself in an extremely unique work environment that probably very few, if any, other physicians have ever experienced. In fact, Dr. Murray may have been under the influence of something even stronger than drugs:  the ego and influence of Michael Jackson, a global icon. It has been often reported that superstars like Michael Jackson surround themselves with a team “yes” men for protection and control. The power and influence of world-famous personalities who are larger than life, sometimes seem to intoxicate others, and push ordinary people do extraordinary things, for better or for worse.

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The Medicus Firm Among Best Companies to Work for in Texas 2012

26 October 2011

Dallas, Tex. – The Medicus Firm, a national physician recruiting firm, was recently named as one of the 2012 Best Companies to Work for in Texas. This is the 4th consecutive year that The Medicus Firm has been ranked among the best places to work in the state.

Headquartered in Dallas, the firm also has an office in Atlanta, Georgia. The firm employs about 60 people and is currently in growth mode.

“We are extremely honored to have again been ranked among some of the top companies in Texas as one of the best places to work,” states Jim Stone, president of The Medicus Firm and co-founder. “This year is especially exciting due to the fact that it’s our fourth year on the list, as well as the fact that we are currently growing our team. This distinction helps us to continue to attract the top talent in the physician recruiting industry, which ultimately benefits our clients.”

This statewide survey and awards program was designed to identify, recognize and honor the best places of employment in Texas, benefiting the state’s economy, its workforce and businesses.  The 2012 Best Companies to Work for in Texas list is made up of 100 companies. The Medicus Firm has been named one of the Best Companies to Work for in Texas based on a variety of factors including work environment, incentives, recognition, advancement opportunities, management, and employee benefits. In addition to monthly appreciation days, employees also enjoy fun team outings, volunteer and philanthropy projects, and regular contests with holiday themes and prizes.

The awards program was created in 2006 and is a project of Texas Monthly, the Texas Association of Business (TAB), the Texas State Council of the Society for Human Resource Management (TSC-SHRM) and Best Companies Group.

To be considered for participation, companies had to fulfill the following eligibility requirements:

- Have at least 15 employees working in Texas;

- Be a for-profit or not-for-profit business or government entity;

- Be a publicly or privately held business;

- Have a facility in the state of Texas; and

- Must be in business a minimum of 1 year.

Companies from across the state entered the two-part survey process to determine the Best Companies to Work for in Texas. The first part consisted of evaluating each nominated company’s workplace policies, systems, philosophies, practices, and demographics.  This part of the process was worth approximately 25% of the total evaluation.  The second part consisted of an employee survey to measure the employee experience.  This part of the process was worth approximately 75% of the total evaluation.  The combined scores determined the top companies and the final ranking.  Best Companies Group managed the overall registration and survey process in Texas and also analyzed the data and used their expertise to determine the final rankings.

The Medicus Firm will be recognized and honored at the Best Companies to Work for in Texas awards ceremony on Thursday, February 2, 2012 as part of the Texas Association of Business 2012 Annual Conference in Austin, Texas.  The final rankings will also be released in a special section of the February 2012 issue of Texas Monthly.

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Medical School Applicants Increase to Record Levels

24 October 2011

The American Association of Medical Colleges released some big news today – that the number of first-time med school applicants reached a record high, increasing in total by 2.6 percent.

Below are some additional highlights:

The AAMC also reports that medical schools are gradually increasing class sizes to help accommodate more students to help offset the impending physician shortage projected by the AAMC and other healthcare associations.

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Should Some Doctors Be Required to Work Full-Time?

20 October 2011

Part-time physicians are a growing trend. Just in time for the physician shortage, many doctors are choosing a more balanced lifestyle of blending part-time medical practice with family time or other personal pursuits.

MD News poses an interesting question: should physicians be required to work full-time for a certain number of years upon completion of training?

If that sounds like a completely ridiculous idea, consider this:

Many residency and fellowship programs are partially funded by taxpayers and government monies via Medicare training allocations.

Additionally, the MDNews.com article notes, a physician shortage could ultimately be a public health issue. As professionals who provide such a critical service to the public, and many of whom benefit from federal and state grants and loans, would it make sense to require full-time practice for at least a few years after graduation?

Or, would that only reduce the number of otherwise qualified people who pursue physician careers, particularly women (who are statistically more likely to practice part-time than male doctors)?

It’s very understandable why more doctors prefer to work part-time. That being said, each time a newly minted doctor calls in, who only wishes to work 20 hrs per week, it’s difficult not to think about that fact that there is one less half a doctor for the country…  Furthermore, even a “half” doctor takes up a full spot in medical school and in residency training, all of which are highly competitive and limited in capacity, and some of which are funded by our tax dollars.

Perhaps a better answer would be to increase the number of residency training slots and medical school spots… but that is not an easy proposition either.  There has been some slight growth but not much in the past few years, and it’s not enough to train enough new doctors for future demand… which is why the physician shortage is an issue that will not be solved easily or quickly, if it is solved at all.

What are your thoughts? Do you think that physicians who benefit from federal or state-funded loans, grants, or tax-payer funded training programs should be required to work full-time?

Read the full story at MDNews.com and then share your thoughts below!

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Is Being a Doctor “Overrated”?

13 October 2011

Is practicing medicine an “overrated” career?

This week, the careers of physicians, surgeons, and psychiatrists were ranked in the top 12 “Most Overrated Careers” list by CareerCast.com. In fact, surgeons ranked second on the list, followed by physicians at number three, and psychiatrists ranked fourth.

CareerCast.com states that the rankings were based primarily upon the stress level, physical demands, and employment outlook of each career. Other factors were also considered but were not weighed as heavily in the ranking algorithm.

These physician and surgeon careers topped the list because they are perceived to be great careers, but often behind the scenes, physicians endure a tremendous amount of stress, long hours, and must often work under intense, critical circumstances.

If you had to do it all over again, would you choose to be a physician or surgeon? Would you recommend this career to your son/daughter/friend or other relative?

Are the stresses, work schedule, and all those years of training and school worth the rewards and earnings you enjoy now?

If your answer is “no” – consider what’s making you feel this way. What is the root cause of your dissatisfaction? Is it the actual role of being a doctor that makes you unhappy or is not as fulfilling as it should be? Or are there some other surrounding circumstances that you may be able to change for a more rewarding practice situation?

If you enjoy being a doctor, but don’t look forward to your current practice, perhaps it’s time to consider a new practice opportunity, not necessarily an entirely new career.

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Husband and Wife Physician Teams – Practice Search Tips

12 October 2011

Finding the right medical practice opportunity as a physician is challenging enough, and when your spouse is a physician too, the challenges double!  With 50% of all medical school graduates being women, the prevalence of husband and wife physician teams seems to be growing significantly.

A physician’s spouse is always an important part, often the most important part, of the career and practice decisions.  When that spouse is also a physician seeking the right practice opportunity, the intricacies of the search become even more complex.

So how do you make it work?  Here are a few tips to help streamline the search process a bit:

1)      Prioritize. Decide on a “primary” and “secondary” search, if possible.  If you can, figure out which practice search will be the primary focus, and work towards a good practice opportunity for that physician first.  It can be overwhelming conducting two different practice searches simultaneously!  You may find yourselves going in too many different directions, literally and figuratively!

Once a practice opportunity has been identified and secured for one physician, then work on the secondary search.  How do you decide which practice search is primary and which is secondary?  If you have children, perhaps one person is going to be working a reduced schedule to help care for the family, in which case that spouse would be the secondary search focus.  Or, you could base it on earning potential.  If you practice different specialties and one of you has much higher earning potential based on your specialty, that physician could be the “primary” physician in terms of your search.  This is not to de-value one practice or the other, this is just for the purposes of streamlining the search process.

2)      Be flexible: It is true that it is a physician’s market right now in terms of practices – there are more open opportunities than there are physicians to fill them.  So you do have many options when seeking practices.  However, one spouse may need to concede on some of his or her “ideal” deciding factors on the practice wish list, in order to secure good opportunities for BOTH physicians.

3)     Set Goals: Once you’ve decided which practice search will be the focus, put together a list of your professional practice goals.  Include your needs, and wants, in separate categories.  What are your needs (MUST-haves) for your quality of practice, your quality of life, your income?   Then consider your “would-be-nice-to-haves” such as location, schedule, compensation, in addition to your absolute needs.  Discuss ahead of time what is acceptable and what is not, for each spouse’s professional situation.

4)      Communicate: When in doubt, over-communicate!  Be sure you are keeping one another in the loop of any interviews scheduled, any conversations with recruiters, and any ideas you have regarding the focus of the search.  Husband and wife physician teams have been known to unwittingly schedule interviews in separate states for the same date, if communication is lacking.  Unless you and your spouse want to end up practicing in different states, frequent communication is KEY!

There is much more to the search process for spouse physician teams - these are just a few ideas to get you started.  If you are a part of a husband and wife physician team, or if you’ve ever recruited a husband and wife physician team, we’d love to hear from you!  What advice would you give to other spouse physician teams?

- Andrea Santiago

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MMS Physician Workforce Study: Indicative of Future National Physician Workforce Trends?

3 October 2011

Shortages, Dissatisfaction Reported in Massachusetts’ Physician Workforce

The Massachusetts Medical Society (MMS) released its 10th annual physician workforce study, based on responses from 1,071 physicians in the state.

Many healthcare experts look to the healthcare trends in Massachusetts because the state’s health reform plan (often referred to as “RomneyCare”, after then-Gov. Mitt Romney) is reportedly similar in many ways to the national health reform plan passed by the Obama administration in 2010 – the PPACA.

Therefore, the physician workforce trends being experienced in Mass. may be indicative of future national trends, at least in part. However, each state’s demographics, population, size, amount of healthcare facilities, and other factors also affect the physician workforce in other areas of the country.

Here are some of the key findings regarding physician shortages and workforce trends:

For more results, analysis, and the full report, see the news release at the website of the Massachusetts Medical Society.

How do you think these trends will be replicated on a national basis, if at all?

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How Many Physicians Use Social Media? Which Networking Sites are Most Popular?

27 September 2011

Many studies and surveys have been completed regarding physicians’ use of social media. The growth of social media use among the physician population has been so rapid, it’s difficult for studies to keep up, according to the American Medical News.

One of the most recent studies was released in August 2011 by QuantiaMD, an online physician learning collaborative. Below are a few highglights:

Which Social Networking Sites Do Physicians Use Most (Professionally)?

Which Social Networks Do Physicians Use Most? (Personally)

More:

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5 Tips For Deciding To Sign Or Not To Sign

23 September 2011

Should You Accept The Offer?

You just had a great interview with a hospital or practice.  You’ve got an offer in hand, and the opportunity seems to be a fit.  However, you’re still not 100% certain; you’ve been on a number of interviews, and/or talked to so many people on the phone about several different practice opportunities.

So how do you decide which opportunity to accept?  Here are a few quick tips for making a decision about whether or not you should accept the offer.

1.)    Review your initial motivations. Especially if you are leaving another practice for this new opportunity, you need to be sure that your initial motivations are being met.  Does the new offer address the concerns you have about your current opportunity?   Whether you are seeking better pay, better hours, or a different practice structure or patient mix?

2.) Consider the long-term as well as the short-term benefits. Any time you accept an offer, even if it is the best opportunity, there is usually short-term discomfort involved such as closing down your current practice and/or working out a notice, packing up the house, relocating the family.  However, consider the long-term gains.  Will you be able to retire earlier, or retire richer?  Will you have more time to spend with loved ones?   In order to truly envision the long term benefits, think of yourself 10,15, or 20 years from now, looking back on your life.  Would you regret taking this opportunity, or would you regret NOT taking it?

3.)    Don’t rely too heavily on outsiders’ opinions. You have to do what is right for you, your family, and your career.  Only you know what is best for you, and maybe one or two trusted advisers or family members.  You know what they say about opinions – everybody has one!   Each opinion is different, and many of them have nothing to do with your decision.  Each person’s perspective influences their personal opinion, which will just add more confusion to your decision.  In fact, often it’s best not to discuss your options until after you’ve made your decision, because people are always supportive after the fact.

4.)    When all else fails, make a list. It may sound cliché, but making a list of the “pros” and the “cons” of the decision can really help you see clearly the choice you need to make.  You will plainly see one column fill up with many more items than the other.   If the columns are close, consider the value or impact of each item on both sides of your list and rank which ones are most important.  Whichever column has the most high-impact factors on it is the way you should go.

5.) Set a Deadline. Once you have a written offer and contract in hand, the clock is ticking.  The longer you take to make a decision, the least interested you appear, and the potential employer may start to lose faith in your interest in their opportunity, which is not an ideal way to start out a relationship with your new employer, if you do accept the opportunity.

Keep in mind that, over the next few days or weeks, nothing is going to change about the opportunity, the community, or the contract, between now and your deadline.  Therefore, it’s wise to set your deadline for sooner rather than later, and to think things through as soon as possible, based on the facts you have gathered throughout the interview process, so you can come to a conclusion.  Even if you are waiting on clarification of minor details, decide if you would accept once those details are explained to your satisfaction.  If not, this may not really be the best opportunity for you.  If the answer is “yes”, go ahead and let your potential employer (or the recruiter) know (preferably in writing, or by signing the contract with the item initialed) that you accept the offer contingent on XYZ.

A bonus benefit of doing this is that you’re more likely to get what you’re asking for (if you are requesting a concession or change in the contract) if you sign the contract contingent on that item.  It shows that you are serious about the opportunity and not just trying to buy time to interview at other locations.

“Once you make a decision, the universe conspires to make it happen.” — Ralph Waldo Emerson

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6 Tips to Host a Great Physician Interview

21 September 2011

Many hospital or group employers go into interviews on a wing and a prayer, hoping that a physician candidate will like their opportunity and want to take the job.  As a potential employer, you can proactively prepare to set up a fantastic interview that will truly make a difference in the success of the recruiting process overall.

Some physicians are attending six, seven, even eight or more interviews before making a decision, and that doesn’t include the 15 opportunities they probably ruled out via phone and the 25 they ruled out via email. Most likely, the average physician (e.g. no egregious background issues, etc) will receive an offer at or immediately following each interview visit!

Therefore, when you bring a physician in for an interview, it’s up to you, as the potential employer or sponsor of the physician practice, to make an impression! Here are 6 quick tips for setting up a great interview:

1)      Don’t interview a physician without a contract ready!  If you don’t have an employment contract ready to hand to the doctor, (at least a draft contract) then you are not ready to interview physicians, unless you wish to interview people just for fun.  Without a contract, a candidate cannot be expected to make a decision.  Would you expect someone to buy a house without knowing the asking price, or terms of the sale?

2)      Don’t interview the candidate without his or her spouse present. (Unless the physician is single, of course!) If a physician tells you that they can make a decision without the spouse present, he or she is probably either lying, or will not be married for much longer!

3)      Do make sure all decision-makers of your organization will be present for the interview.  If they are not present, then they need to be willing to forfeit their input in the final decision.

4)      Do handle any potential political issues BEFORE the onsite visit.  for example, if there is a doctor or group of doctors in the community that is opposing the search, or trying to sabotage it in any way, they will make it known during the interview!  So be sure you’re aware of any potential issues before your candidate arrives for the visit.

5)      Do roll out the Red Carpet!  Be sure you have planned a thoughtful visit that covers all of the areas a candidate will need to consider for him/herself and his or her family:  schools, real estate, amenities, culture, activities, etc.   At The Medicus Firm, our recruiters will find out as much about the physician’s personal and family needs, to assist you in covering all your bases.

6)      Do extend a contract on or shortly after the interview!   The employment contract is worth mentioning twice on our list.  That is because contracts are so vital to your successful recruitment of physicians, yet often contracts are also the single most neglected part of the interview and recruiting process.  An employment contract or relocation agreement must not only be ready to execute, a copy should ideally be given to the physician within 48-72 hours of the on-site visit.

As an employer, you have probably experienced the above scenarios many times, as well as other situations not mentioned here.  What are some of the other “Do’s” and “Don’ts” you have learned in your experience of setting up interviews for physicians and clinicians?

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