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GOLDEN: Doctors should make treatment decisions - Modesto Bee PDF Print

For the last two years my practice has been significantly in the red, requiring me to spend a considerable amount of my trust and now my IRA to keep it going.

I have decided not to retire. I came close but rather I gambled that relocating my office and other maneuvers would lower my overhead. Also, I feel a commitment to my staff of four, to myself because I love the office, but mostly to my approximately 2,000 patients who have in various ways asked, "You are not going to quit practicing are you?"

In my field of nephrology, a great deal of income was lost when Medicare reduced reimbursements for certain technical procedures, such as kidney biopsies and placement of dialysis catheters for acute dialysis, to the point that the effort required for such highly trained techniques was not worth the time.

Then the interventional radiologists took over because they, although getting the same pitiful money, did biopsies of all organs and all catheter techniques for angioplasties and stents in all sorts of places. So now nephrologists spend more of their time in the office.

What might have worked to save Medicare was the private option, in which individuals who cannot afford private insurance could tie into Medicare at any age at a cheap premium. Those who can afford a higher premium and want the current system, i.e. a private doctor and private hospital, would have that option.

But the Republicans voted that down, too. Ironically, during the Bush administration, his party was in favor of this approach.

Certainly another issue for the practitioner is the current economy. Many of my patients have lost jobs and therefore insurance. They either do not come in when they should, or they pay a small cash fee.

Maybe some of these folks would be able to use the Medicare option and generate more money for Medicare and go to the doctor when they should.

Medicare thinks cutting our reimbursements, thus leading many doctors to stop seeing the people who saved the world, is not a travesty. The above and the pitiful bandages of President Barack Obama are going to do nothing to save bankruptcy of this system.

Mandating insurance or demanding a penalty; making states put more folks on Medicaid (Medi-Cal) and letting parents include their children in their policies until age 26 will actually raise the cost.

In my own field, in 1974 Congress provided the end-stage renal bill that places anyone, regardless of age, under Medicare for life as well as for kidney transplants.

Now the floodgates have opened, so the average age of a dialysis patient is 65, compared to 40 in 1974. The problem: autonomy of decision-making is no longer the doctors' prerogative, but now rests solely with the patient or the family.

So, there are three reasons patients with no quality of life get placed on dialysis and have other highly technical procedures in other subspecialties ? The patient wants it; the family wants it; and, sadly, the doctor wants it.

If Medicare is to survive the above must be reined in, yes, by a committee of doctors, clergy, bioethics experts and legal experts. If you want to call this a death squad, then so be it.

If doctors do not take back the autonomy we had in the '60s, then our children and grandchildren will be paying for Blue Cross, Cigna and such. Right now that is $2,200 a month for myself and my wife.

Golden is a practicing physician in Modesto.

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One of Hannah Overton's trial attorneys breaks down in tears on the stand Thursday - Corpus Christi Caller Times PDF Print

LIVE COURT COVERAGE: OVERTON APPEAL

Follow live coverage from the Nueces County courtroom in the appeals case concerning Hannah Overton's capital murder conviction

HANNAH OVERTON HISTORY

CORPUS CHRISTI — One of Hannah Overton's trial attorneys broke down in tears on the stand Thursday, saying he should have done more to prove her innocence.

David Jones said he regrets not putting Dr. Michael Moritz, a clinical director of pediatric nephrology in Pittsburgh, on the stand during Overton's trial. Moritz was deposed for several hours by attorneys.

"I failed miserably in not reviewing that video ... there is probably not a day since that trial ... that I don't regret not doing more ... I should've done more because of the expertise I had. I should've taken the time myself to watch that video and I failed ... and I'm so sorry," Jones said.

Jones then briefly left the witness stand to compose himself and hugged one of Overton's other attorneys as Overton wiped tears from her face with a white handkerchief.

Overton, 35, was convicted of capital murder in 2007 in connection with the death of her 4-year-old foster child, Andrew Burd. The boy died at a Corpus Christi hospital in 2006 of elevated sodium levels.

Moritz said he believed Andrew could not have been saved, no matter when Andrew arrived at the hospital. That testimony could have exonerated Overton of failing to seek medical attention for the boy in a timely manner, Jones said.

Jones testified that he is now aware that not all the evidence was given to defense attorneys. He said they were not given the full report that showed where Andrew's vomit came from, the photographs related to the medical examiner's samples of stomach contents, all the handwritten notes and Andrew's vomit.

"(The report) was one of the most important issues in the case that can significantly change how this case was tried," Jones said. "This would've been of great importance to us if we would've had this document," he said.

Jones said the most crucial piece of evidence that was not given to the defense was Andrew's vomit.

"It seems it was purposely withheld because we kept asking for it and they refused to give it to us," Jones said.

Overton's appeal for an overturned conviction includes two key claims: that her trial attorneys failed to properly represent her and that prosecutors withheld test results that showed low levels of sodium in the boy's stomach contents.

Nueces County Medical Examiner Ray Fernandez, who has performed close to 5,000 autopsies, including Andrew's, testified that the boy's cause of death was salt poisoning. He said Andrew also had blunt force head trauma and the nature of death was homicide.

Fernandez said he still holds that opinion.

He said the bruising and bleeding on the brain and scalp was from blunt force trauma and not solely from high levels of sodium that caused swelling in Andrew's brain.

The first witness for the prosecution was Diego Rivera, a crime scene investigator with the Corpus Christi Police Department, who collected evidence from the Overton home and from the hospital that included a container of bodily fluids.

He said he kept it in a refrigerator for some time, packaged it and then turned it into the property room.

Fernandez later arranged the samples of evidence and Rivera took the photos, he said.

Fernandez said the samples he tested were tap water, tap water with a small amount of salt in it, Wendy's chili, vomit, water with Cajun seasoning and water with an unknown spice.

One of Overton's attorneys, John Raley, questioned Fernandez about samples of Andrew's vomit and gastric contents.

Raley sarcastically asked Fernandez if he didn't like the sodium test results and switched them.

"I just gotta know," Raley said.

Fernandez said none of the test results were switched.

Rivera, who said he was with Fernandez when the samples were examined, labeled the stomach contents, bagged them up, labeled the bags and returned them to the property room. He wrote the supplemental reports soon after.

Brad Condit, one of Overton's trial attorneys, testified that he took photos at the police property room of various pieces of evidence.

One photo had a brown bag labeled "reddish brown liquid" and stated it was from the Overton home. Condit said he did not open the bag to see the liquid, but if he knew that it was the vomit then he would've opened it.

Arnold Arias, the property room supervisor for the Corpus Christi Police Department, said according to the login record, Condit took photos of the paper bag that had the vomit container. Arias said the paper bag was opened and the container also was taken out on at least one occasion because photos also were taken of the container.

The Texas Court of Criminal Appeals ordered Longoria in February to hold the evidentiary hearing to look into the merits of Overton's claims.

Longoria won't rule in the case but will make a recommendation and report his findings to the Court of Criminal Appeals. The court then will determine if the evidence are grounds to set Overton free, order a new trial for her or have no merit.Overton's defense long has argued that the boy had emotional and medical problems and would eat odd food, including the salty seasoning.

Prosecutors say the defense's claims of Overton's wrongful conviction are unfounded.

Roger "Rod" Carver, the Overtons' longtime pastor, briefly took the stand and testified that he never gave Overton legal advice.

John Gilmore, another of Overton's trial attorneys, said he told Overton that she should take a lesser included charge but believes Overton received inaccurate advice from others who were not her attorneys.

He said he explained to her that if convicted of capital murder she would get a life sentence with no hope of parole and that Overton did not want to plead guilty to a lesser charge because that would be admitting she did something wrong.

Gilmore was the last witness called by Overton's attorneys.

The hearing will resume at 10 a.m. Friday in 214th District Judge Jose Longoria's court. At least two more witnesses are expected to testify.

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'A dignified farewell' (Video) - Edmonton Journal PDF Print

EDMONTON — Lochan Bakshi grew up saying many goodbyes, criss-crossing India with his family because his father was regularly transferred for his job on the railway cleaning locomotive boilers.

“It taught me how to say goodbye — and how to say hello every two years,” said Bakshi one week ago, an open, thoughtful man who warmly welcomed the Journal to witness his final decline. “Here was the chance to express my thoughts and so on about the dignity of dying.”

On Tuesday evening, Bakshi said his final goodbye, dying painlessly and peacefully at 87 in his sleep — except for his signature loud snoring, say friends who were by his side — having decided to stop kidney dialysis and quicken death without experiencing more pain in his feet from diabetic sores and the possibility of amputation.

In the end, Bakshi only missed one dialysis treatment on Monday. It’s unlikely the buildup of toxins in Bakshi’s blood caused his death. His body had been weakened by pneumonia, shortness of breath and congestive heart failure, all of which likely played a role.

“When he made the decision to stop dialysis, I believe he also lost his will to live,” said 51-year-old Ravi Bakshi, the youngest of Bakshi’s three sons. “He had resigned himself that this was coming.”

Yet Bakshi was outspoken on the need for the federal and provincial governments to debate euthanasia in Canada. He agreed with a landmark Quebec report released in March that said doctor-assisted euthanasia — rather than family-assisted suicide — be allowed in “exceptional circumstances” for those who are terminally ill.

It is currently illegal for doctors to help someone die, so only patients who can refuse ongoing treatment — dialysis, antibiotics, mechanical ventilation or artificial hydration and nutrition — can feel empowered to choose a different journey’s end.

That discrepancy, said Erin Nelson, a professor in the University of Alberta’s law faculty who specializes in health-care ethics, needs to be addressed through public debate.

Bakshi wanted to spark that debate by allowing the public, through the eyes of the Journal, to witness the results of his choice to refuse dialysis. For the last eight years, he spent four hours three times a week hooked up to a dialysis machine that cleaned his blood.

“I have got to go, but let me get some good out of it. If I can advance the cause of dignified death, then I have done something,” Bakshi said last week. “I want the maximum good that can come out of this.”

Friday was his last treatment in the dialysis clinic.

“It feels strange that this is the last time I’ll be here,” he said, as dirty blood pumped out through an artery and clean blood back in through a vein. “I feel like shaking hands with everybody, but I don’t think that would be appropriate.”

“I think I’m doing the right thing. I’m sure I’m doing the right thing,” Bakshi said. “I will just be sleeping more or less. Numbness, more than anything else. But there are thousands of people who have no option like me. They need a dignified farewell.”

Even nearing the end, Bakshi’s sense of humour, his easy chuckles and his recognition of the beauty of life — from the purple orchid blooming on the ledge of his hospital room to the ordinary dandelion soon to be pushing through Edmonton grass — was clearly evident.

Bakshi, a retired biology professor who worked at Athabasca University from 1973 to 1990, cared for the orchid with a thimble-full of water every day, plus a spritz to its leaves, since he was first admitted to hospital on Jan. 9 after two or three mini-strokes. As for the dandelions, Bakshi can identify each yellow bloom as female or male, neuter or bisexual, and knows they have adapted to lawn-mowing by curling up to hide from the blades.

“Adapt to your new circumstances,” Bakshi said philosophically.

That Friday, a long-awaited bed had became available for him in an assisted living facility, but Bakshi turned it down, determined not to languish there in pain but to instead cease dialysis while his mind was keen and sharp. He did not have a chance to finish last-minute academic work on wild flowers, nor to travel to the one place he wished, laughing at the thought.

“The place I want to go to is Machu Picchu, so you can see the problem, unless we travel all the way by presidential helicopter I won’t reach there,” he said.

Edmonton was his home base for 40 years, following a career of scientific research. Bakshi left India in 1954 for Washington State University as a Fulbright Scholar, to Saskatoon as a post-doctorate fellow, then Sierra Leone and the University of Ghana, on to Nelson, B.C., where he developed a bachelor’s degree program at Notre Dame University and finally to Edmonton, where he helped develop virtual teaching classes at Athabasca University.

“I know it is tough for everybody,” said Bakshi, four days before his death. He was hooked up to oxygen, his speech slowed by a shortness of breath. His feet were wrapped in bandages to protect the sores that grew one after the other, caused by Type 2 diabetes. But he had no time for naps; instead, using all the time in the world to share his life.

“For me to talk about my own funeral is not easy, but we have been managing that,” Bakshi said of his family. “I try not to bring out any tears when they are around, but it is tough.”

He tells the news to a colleague by phone, which he keeps close at hand on the hospital bed. Even until the end, he wore dress pants and a button-up shirt and shaved on a daily basis. A crocheted purple and blue afghan kept him warm.

“In seven to 10 days, I’ll be gone,” he explained to Robert Holmberg, who will be speaking at Bakshi’s funeral on Sunday. “I’ll still be alive for another week or so, but you are my best friend in the university so I thought I should let you know and you let the president’s office know.”

The end came faster than expected.

“(My body) is worsening,” he said. “It is not going to get better, obviously, and if it is not going to get better, than I should make conscious decisions about my future.”

One of the people he may miss the most is his ex-wife, with whom he was estranged for 20 years before becoming friends again. In more recent days, she brought him home-cooked Indian food to eat while in hospital. He loved food so much, he ate every meal as if it were his last, joke his family.

“We have come to understand each other more now than we did before,” Bakshi said. “I think we have fallen in love all over again. It is nothing sexual again. We just have come to realize the goodness in each other, so it is tough.”

Yet as death neared, he had no fear.

“At the age of 87, what are two more weeks worth? You see? They are nothing,” he said. “Here I am trying to show that there is some good in having a dignified death.”

Deepi Mehta, Bakshi’s niece from Houston, Texas, said “Uncle” wanted an interfaith funeral, mixing Catholic hymns, a Muslim cleric and a Sikh ceremony, including the reading of a poem by Rabindranath Tagore, a Bengali poet who won the Nobel Peace Prize in 1913.

“We didn’t say goodbye; we say we will meet again,” said 67-year-old Mehta, who, as a Sikh, believes in reincarnation and considered Bakshi her father figure after her own father died when she was 10.

Bakshi remained always the scientist, never quite sure of reincarnation or heaven, waffling, but open-minded, depending on whom he spoke with.

“Maybe there is life after death. No one has come back to tell us,” he said. “David Suzuki says it’s all chemicals physically, but about the soul, my religion says there is a soul. Sometimes, I’m on one side and sometimes I’m on the other.”

Son Ravi said his father’s scientific mind, fuelled by a library of 3,000 books, always challenged the status quo.

“The reason he became passionate about (the right to die) is because he’s a scientist,” Ravi said. “It went beyond religion. It went beyond ethics to ‘what’s humane. Why should someone suffer?’”

Bakshi was a fighter his entire life, having survived a stroke, an aneurysm and a car crash in which his neck was broken.

“He was very proud at the end of life to stir the pot,” Ravi said.

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FDA Approves Everolimus for Renal Angiomyolipomas - Medscape PDF Print
Medscape
April 26, 2012 — The US Food and Drug Administration has approved everolimus (Afinitor) for the treatment of renal angiomyolipomas not requiring immediate surgery, in patients with tuberous sclerosis complex. This marks the first drug ever to receive ...
Novartis drug Afinitor® approved by FDA as first medication to treat patients ... MarketWatch (press release)
Novartis receives FDA approval for Afinitor to treat renal angiomyolipomas

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Kids' Kidney Transplant Rules May Have Shrunk 'Race Gap' - U.S. News World Report PDF Print

THURSDAY, April 26 (HealthDay News) -- Racial disparities in kidney transplants for U.S. children have fallen since a new policy was introduced in 2005 by the United Network for Organ Sharing, researchers say.

The policy, called Share 35, preferentially offers kidneys from deceased donors younger than age 35 to children who need a kidney transplant. While a kidney from a living donor is preferable, a kidney from a deceased donor can save a child's life.In the past, black and Hispanic children with kidney failure were less likely to receive a kidney transplant than white children, the study authors noted.In the new study, Dr. Sandra Amaral of The Children's Hospital of Philadelphia and colleagues looked at nearly 2,300 children with kidney failure who received a transplant before Share 35 and more than 2,400 who received a transplant after the introduction of the new policy.Overall, children with kidney failure were 46 percent more likely to receive a deceased-donor kidney transplant after Share 35 was implemented, with increases of 81 percent for Hispanics, 45 percent for blacks, and 37 percent for whites.After Share 35 took effect, deceased-donor transplants occurred an average of 201 days earlier for Hispanic patients, 90 days earlier for black patients, and 63 days earlier for white patients.With Share 35, children of all races had a shift from living- to deceased-donor kidneys. The reduction in living-donor kidneys was 48 percent for Hispanics, 46 percent for blacks and 25 percent for whites.The findings show that Share 35 has reduced racial disparities in terms of how likely and how soon children will receive a deceased-donor kidney transplant, Amaral and colleagues noted.The study was published online April 26 in the Journal of the American Society of Nephrology."Reduced racial disparities in access to deceased-donor kidney transplant for children with end-stage kidney disease is a very positive step toward achieving equity in overall transplant access for all children; however, greater declines in living donors for all pediatric patients, particularly for those of black or Hispanic ethnicity, may be a concern," Amaral said in a journal news release."Less access to living donors for children with end-stage kidney disease may mean that these patients have less access to the best-quality kidneys and less potential for the best graft survival," she explained.Currently, more than 800 children and adolescents in the United States are waiting for a kidney transplant.More informationThe National Kidney Foundation has more aboutkidney transplantation.

Copyright © 2012 HealthDay. All rights reserved.

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