PRACTICE PEARLS
Hosted By: Dr. Larry Kaskel.
Emile Allen, M.D., Founder and CEO of Practice Pearls.
At the peak of his medical career, Dr. Emile Allensustained
a life-altering injury while performing an operation. The injury required
years of recuperation and curtailed his career as a highly successful
urologist. While recuperating, he confronted firsthand the challenges of
navigating the healthcare system and drawing upon his experience he became the
Founder and CEO of Practice Pearls.
DR. LARRY KASKEL:
Dr. Allen, welcome to the Business of Medicine.
DR. EMILE ALLEN:
Thank you Larry, it’s a pleasure to be here today.
DR. LARRY KASKEL:
I am curious what exactly happened if you don’t mind talking
about it?
DR. EMILE ALLEN:
Sure Larry. Back in 1998, I was in private practice and
very excited about doing a particular urological case of the elderly lady that
had chronic bouts of pyelonephritis and chronic pain and had a very large 10 cm
caliceal diverticulum on the upper pole of her kidney and this is kind of a
urologist's dream because it was a case where I was going to be helping this
elderly lady very easily by performing a heminephrectomy, and during the
operation everything was going well as I was mobilizing the descending and
transverse colons in order to gain access to the kidney. While I was operating
on the patient, the Bovie machine or the cautery unit malfunctioned and there was
an electrical arc that flew through the mesentery of the patient's bowel, hit
my left middle finger, (01:30) and the electricity radiated up through my arm,
through my heart, through my brain, and exited my right ankle.
DR. LARRY KASKEL:
Wow.
DR. EMILE ALLEN:
Yeah, it hurt quite a bit. Witnesses tell me that I was
thrown back about 4 to 6 feet and I landed on my feet and I kind of staggered
around and then I subsequently passed out on the floor. Apparently, a code was
called, but luckily CPR wasn't needed.
DR. LARRY KASKEL:
You finished the procedure, I hope?
DR. EMILE ALLEN:
Well, another doctor came in and finished the procedure and
nothing really happened to the patient. The patient looked fine. Later on,
<___02:05__> did not work appropriately and electricity had to take the
path of lead through this, that happened to be me and my ankle just happened to
be touching the base of the table.
DR. LARRY KASKEL:
So that patient did fine, but then you became the patient.
DR. EMILE ALLEN:
I quickly became the patient and the difficulty with that
was that at first, you know, everyone was really concerned about my electrical
injury to the median nerve of my left upper extremity, which obviously I was
too because I had very little function of my hand at that time and even I was
under excruciating amount of pain and I was in the hospital for approximately 5
days under a cardiac and neurological evaluation and quickly started
rehabilitation and hyperbaric oxygen treatments and I subsequently over about a
6-8 week period of time developed reflex sympathetic dystrophy and atrophy of
the musculature of my upper extremity (03:00) and got down to the point where
you could see the bones and ligaments, and, you know, I was really fearful of
where this was going in my career.
DR. LARRY KASKEL:
I hope you had some disability insurance at that time.
DR. EMILE ALLEN:
Yeah, I certainly did, and I suggest that you have specialty
disability; that saved me, it really did.
DR. LARRY KASKEL:
They didn’t say, "hey doctor you can operate with your
right hand?"
DR. EMILE ALLEN:
Yeah, you just can't, and also it is important to have
office overhead expenses insurance too. One of the problems that I was facing
though was that I continued to have problem with decrease in my concentration
and I got to the point where I wasn’t able to count change and I was having
problems reading a book and I was lethargic all the time and I actually had to
close my practice and move home with my parents looking up things, thought they
were around that has helped me.
DR. LARRY KASKEL:
You were pretty young, being 38.
DR. EMILE ALLEN:
I was 38.
DR. LARRY KASKEL:
That’s a pretty young time to end a career abruptly.
DR. EMILE ALLEN:
Right, and obviously there was an emotional aspect to that
too. You know, I was very depressed and trying to figure out what am I going
to do with this next aspect of my life.
DR. LARRY KASKEL:
So how much of the fatigue and the memory stuff was from the
electricity versus a little PTSD and depression?
DR. EMILE ALLEN:
I think the majority of it was. It turned out that I had a
right parieto-occipital lobe injury found on special neurologic testing. It
took a while to actually find that, and I had developed petit mal seizures, but
I was on a number of medications and got to the point (04:30) where I was
having over 800-900 dollar prescription co-pay every month, so that was really
tough too.
DR. LARRY KASKEL:
Which med actually ended up helping you for most of the
problems?
DR. EMILE ALLEN:
Neurontin was a very big component and Depakote, and it took
about 2-1/2 to 3 years before I got to the point where I could read a book
again and that my brain function came back to kind of present now and I am
very, very happy with that.
DR. LARRY KASKEL:
But you are only at 70% before the operation.
DR. EMILE ALLEN:
Well, I guess so, but still I have the reflex sympathetic
dystrophy, but the musculature has definitely come back and I have about 50%
function of my hands and some fine motor difficulties that I deal with.
DR. LARRY KASKEL:
Dr. Allen, once you got back your function of your brain and
your arm, how did you decide to come up with Practice Pearls?
DR. EMILE ALLEN:
Well, as a patient, I found that it was very difficult
navigating the healthcare land mines that we have to go through for simply
getting office appointment visits and also having treatments in the hospitals,
and I thought that it would be fairly easy for me (06:00) to again navigate
that system since I was a physician, and it really wasn’t, it was just as
difficult for me as a patient and it was frustrating at times, and one of the
questions that I kept asking was how can I make this situation better. One of
the things that made me look at my life differently and my accident differently
was reframing the whole incident into a guest. How can I use the knowledge
that I do have and experiences of having the perspective as a patient and a
physician to come back and help my fellow colleagues. As we all know,
physicians are having lot of difficulties in practicing medicine now a days and
I don’t need to go into the details of that, we all know about it, but one of
the things that I realize was that when I was in private practice I wish I had
had a lot of the business skills that people outside of medicine have. During
my recuperation, I was taking quite a few courses in marketing and sales and
real estate investing and personal development and I kept saying to myself,
well I wish I had this information when I was in private practice because I
could have utilized a lot of this to help me with better customer service and
run my office with increased productivity and efficiency, and that subsequently
led me to developing Practice Pearls.
DR. LARRY KASKEL:
Let's share some of your pearls, for example, what have you
learned in terms (07:30) of potential malpractice traps that may await us out
there?
DR. EMILE ALLEN:
Well, one of the things I think that physicians really need
to be aware of is that a lot of malpractice occurs because from a point of
attorney's point of view is battery. Battery is the unlawful touching of a
patient and it's also failure to obtain consent for medical procedure and
explaining those procedures to those patients effectively and clearly. Battery
is not subject to damage caps in many states. Thus, it places that physician's
personal assets at risk. Another thing that I learned is that failure to refer
to a specialist will place that physician at the same standard of care of that
specialist, so therefore you now have the presumed education, training, and
skills required of that specialist, so for instance, if you are a family
practitioner and you are reading an EKG and you rule out a myocardial
infarction, and in reality the patient did have an MI and ends up dying, you
are going to be held to the same standard of care as a cardiologist and one of
the other things that was really amazing to me was that most physicians have
been taught the idea that when we do make the medical mistake that we should
deny (09:00) and defend, but in reality what the plaintiff's malpractice
attorneys are now teaching and what has been shown is that if you make an
effective apology it reduces litigation.
DR. LARRY KASKEL:
Yeah, I think many physicians have trouble saying I am
sorry, I messed up, and please forgive me. I think we have the same problem in
our marriages.
DR. EMILE ALLEN:
That's true, but you don’t actually want to say I am sorry,
I messed up. You don’t want to admit that you messed up. You just want to say
you are sorry and that you are going to do whatever you can to figure out how
this happened and you will be in contact.
DR. LARRY KASKEL:
Emile, I think many of us physicians think about and worry
about our patients suing us when in fact the potential enemy may actually be
amongst our own ranks in our office.
DR. EMILE ALLEN:
That is so, so true. We have to realize that we are
entering into some type of a partnership agreement with our colleagues or may
be hospital-based employee. As a physician, we need to have the insight and
the basic tools to create a solid infrastructure for our practices and chilled
ourselves from personal liability for professional act and omission. We need
to allocate risk amongst the practice group and too many doctors partner up
with other practitioners and lose affiliations. They do not address these
typical business issues (10:30) such as, you know, what are the partner's
respect of obligations to the partnership and one another, what type of
mechanisms are in place in order for cost and revenue sharing, are there any
defined and objective dispute resolutions, procedures for partners and
employees, etc.
DR. LARRY KASKEL:
So, it behooves of any physician to get a good attorney and
spell everything out in a practice agreement.
DR. EMILE ALLEN:
Oh exactly, because, you know, one of the things Larry is
that each one of these issues that I just mentioned could destroy a practice
and it can affect your personal assets because you are not going to have any
type of insurance to cover you under something like this and it could take
years you left that practice to go out and start another practice and build it
up to the point of where you were at. So it is basically just like a marriage,
kind of like getting a prenuptial agreement, making sure you know what are all
the potential things that could go wrong, you know, so you are prepared if
something does go wrong so it's a smooth transition.
DR. LARRY KASKEL:
Emile, I assume you are married.
DR. EMILE ALLEN:
No, I am not. Have been before though.
DR. LARRY KASKEL:
All right, so as you know it's very difficult keeping a
marriage intact, so here we are having a professional partnership, in a sense,
another marriage, how do we go about nurturing that relationship?
DR. EMILE ALLEN:
The bottom line is clarity with communication. The words
that come out of your mouth can be just as sharp as a scalpel (12:00) and if we
are not using those words effectively, we can cause more damage than good, just
like we can in the operating room.
DR. LARRY KASKEL:
They say to have a good marriage, you should say two nice
things to your partner before you go to bed at night, so perhaps I should do
that with my associate before I leave everyday.
DR. EMILE ALLEN:
That certainly would help quite a bit, it certainly would.
Negative comments are never going to be of any benefit to anyone.
DR. LARRY KASKEL:
Well, Dr. Emile Allen of Practice Pearls, thank you so much
for talking with me on the Business of Medicine today.
DR. EMILE ALLEN:
Oh I appreciate it, it was my pleasure.