NOLA: Death Warrant Sealed by FEMA Beaurocracy

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www.telegraph.co.uk

'I could have saved her life but was denied permission'

By Toby Harnden in New Orlean
(Filed: 18/09/2005)

Refugees from New Orleans died after private doctors were ordered to stop giving treatment because they were not covered by United States government medical liability insurance, according to two American surgeons.

Mark N Perlmutter, an orthapædic surgeon from Pennsylvania, was told by a senior US Coast Guard officer representing the embattled Federal Emergency Management Agency (Fema) that he must leave the overstretched disaster relief hospital at New Orleans airport.

He had applied a chest compression after a female patient died and was turning to another critically ill woman at the triage reception area on the airport tarmac when he was summoned to see Capt Art French, the doctor in charge of the hospital.

"The other lady was in equally bad shape and I was not able to work on her. When I went back afterward to get my supplies they were taking her body to a store where the deceased were being placed.

"It's absolutely possible I would have saved her life but I was denied permission to try." An estimated 20 to 30 patients died at the temporary hospital that day.

Dr Perlmutter arrived with Clark Gerhart, a surgeon colleague, and Alison Torrens, from Co Antrim, a medical student at Aberdeen University. All three had volunteered their services free of charge.

It was five days after Hurricane Katrina had struck but all three were struck by the sense of chaos. "It was like something out of a film," said Miss Torrens. "I couldn't believe I was in the middle of America. There were people lying on the luggage racks. Every single patient was in a pool of urine or had soiled themselves."

The surgeons said that the medical staff there had welcomed their arrival and needed trained doctors.

"They were just swamped," said Dr Gerhart. The surgeons, however, were told they could not work there without Fema credentials, which could not be issued even though they had their medical licences with them.

:fire: "[Capt French's] words were, 'We don't have any way to do credentialing and no way to ensure tort liability coverage'. How any one could utter those words in the middle of a catastrophe I do not know."

Dr Perlmutter said that he begged to be allowed to work until he could be relieved by a Fema doctor but was told that this was not possible.

:fire: Kim Pease, a Fema spokesman, said: "The volunteer doctor [Dr Perlmutter] was not a credentialed Fema physician and, thus, was subject to law enforcement rules in a disaster area."

The three were flown back to Baton Rouge in another Black Hawk and were then swiftly given credentials by the Louisiana state authorities. They spent four days treating hundreds of patients.

[Omigosh - we certainly couldn't have them fill out the paperwork ON SITE]

The surgeons, who worked at 9/11, were left with a sense of frustration that they had been blocked by what seemed to be petty bureaucracy.

"Could we have saved any of those lives?" asked Dr Gerhart. "We'd certainly like to have tried."
 
Folks, this stinks - but be reasonable. If FEMA had allowed these doctors to work on patients, and one of those patients had felt like suing - even if absolutely nothing had gone wrong - both the doctor and FEMA would face humongous liabilities, purely and simply because the doctor was not credentialled. This problem is not of FEMA's making, but the result of our invidioius tort system, which is long overdue for reform.

Would anyone like to bet that there would not have been lawyers talking with these patients, advising them to sue at the drop of a hat?

Anyone?

No, I thought not...

:(
 
There is only one side offered on an obviously divisive issue so i will reserve judgement.

Consider this though:

Your in charge of a disaster shelter. Some guy walks in and says "Hi imma doctor, i have no way of proving this whatsoever." Do you let him start cutting people who are under your responsibility?
 
Why can't people just sign waivers. Those that are conscious at least. Let the unconscious ones be treated by the Fema approved doctors.
 
Being an insured healthcare provider credentialed by a federal agency
myself, I can assure you these doctors were well-aware they were
taking on legal risks. However, they balanced that against the greater
good of saving lives. IMHO, they made the right choice.

The intent of credentialing and the FEMA [or insert another alphabet
agency here] administrative guidelines was meant to help protect people.
That, or course, is the spirit of any law in our country. However, when
those "rules" run contrary to that spirit, then they need to be disregarded.
Please bear me out, before someone cries "sedition!"

A person performing a mission to save lives and acting within that
capacity without deviation from a reasoned good-spirited intent will
be protected by a number of good samaritan laws, not to mention in
the court of public opinion. The person may very well put life, limb,
and career on the line, but taking that risk alone is often enough to
inspire others to act. This can cause positive change.

The beaurocracy is a big stupid animal and there are risks in circumventing
it, but it can be done. We are under no moral obligation to serve an
immoral law, rule, or administrative procedure. If that was the case,
we wouldn't even have America. The Founding Fathers showed us the
moral way when it came to disregarding onerous laws that harmed people.
 
Smoke beat me to it. If a declared emergency legally enabled doctors and nurses to be Good Samaritans, protected but perhaps not completely immune from lawsuits, authorities would not be so cautious and bureaucratic in their attempts to provide help. Being officially deputized by FEMA just means one cannot be sued, and the caution by FEMA is an attempt to avoid criticism when stuff happens. Of course, they might say they are trying to ensure proper care. It's political as much as legal.

One cannot comment in a meaningful way about what is really happening or about any real solutions without being politically or morally incorrect (racists or failing to value all human life no matter how worthless or hopeless). The prevailing sense of humanist morality is a suicide pact, politically, economically, and physically. 'Nice in principle, but it needs pragmatic limitations.
 
Moral of the story: Never ever volunteer in the US of A, never ever help, never, ever, even notice.

Go on about your business, NEVER EVER GET INVOLVED.

Or the shysters will get you.

The God on Earth Commie Leader Class in Washington DC knows all and sees all. They will protect us all.

Geoff
Who is puking... :barf:
 
I saw a Lousiana physician interviewed on TV last night. He and his nursing staff were evacuated from a Lousiana hospital to the NO Airport. FEMA would not allow him and his nurses to assist the many patients laying on the airport floor.

The physician and nurses were told to mop the floors.
 
Thin Black Line...

However, when
those "rules" run contrary to that spirit, then they need to be disregarded.

One of the basic principles by which i function - when (company policy, law, whatever) conflicts with doing the right thing, the policy is wrong. Do the right thing and take responsibility for it later. Only the most ignorant will think you did something wrong, and you can look yourself in the mirror.
 
My morning was going soooooo well before I read this. :(

Funny thing. They can use "Emergencies" to abrogate rights, but they somehow forgot to write legislation that restricts the torts involved in treating injured people in the middle of a frickin' hurricane.

Leave it to a bunch of bureaucrats who have been trained to fear the lawyers their rules have empowered.

Rick
 
They could make their way into a disaster area from a great distance away, but they couldn't be bothered by actually following the process that had been set up by the state.
The three were flown back to Baton Rouge in another Black Hawk and were then swiftly given credentials by the Louisiana state authorities.
STATE OF LOUISIANA DECLARATION OF PUBLIC HEALTH EMERGENCY TO SUSPEND OUT-OF-STATE LICENSURE FOR MEDICAL PROFESSIONALS AND PERSONNEL
All out-of-state medical professionals and personnel offering services to the state of Louisiana by authority of this Order shall submit to the state health officer, or his designee at the Office of Public Health within the Louisiana Department of Health and Hospitals, a copy of their respective licenses and photo identification.
I have little sympathy for this type of complaint.
 
Well somebody has to enforce the rules.

Even in an emergency, there has to be some command and control structure. The people in charge have a responsibility to enforce the rules. Freelancing cannot be tolerated. It gets people killed and can undermine the mission of those in charge.
 
Be careful with the source on this one...I seem to recall that the "Telegraph" is the UK's version of our Enquirer... :scrutiny:
 
...when (company policy, law, whatever) conflicts with doing the right thing, the policy is wrong. Do the right thing and take responsibility for it later. Only the most ignorant will think you did something wrong, and you can look yourself in the mirror.


Yep. Nobody ever said the right thing is always easy—just the right thing.
 
The magnitude of this calamity and the attendant disorganization were so great that I am confident there are untold acts of both treachery and unauthorized, technically illegal compassion that will never see the light of day. I view the whole deal as a very low risk proposition from the standpoint of being sued over individual acts. There are no paper or electronic trails. It’s all “he said, she said” and “don’t ask, don’t tell.” It was a state of pure use of conscience-the good people used theirs for good and the bad people used theirs for evil. Anyone who got nailed by the bureaucracy and prevented from doing something good was probably in the wrong place at the wrong time. They probably could have circled the block, spoken to someone else, and gotten a different answer the second time around. At least in the initial stages, everyone made up everything as they went along.
 
Even in an emergency, there has to be some command and control structure.
If the Katrina operation is what we can look forward to during ham-fisted government "command and control..."

...then give me anarchy, individual liberty, and volunteerism.

Yes, the same volunteers which FEMA and the National Guard turned around at gunpoint enmasse.

Rick
 
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