Sometimes I come across a couple of articles that disturb me deeply, and in this case, have me thinking about the limits of policy. First, via The Incidental Economist, here is a horrifying story about how a neurosurgeon who maimed 4 and killed (yes, killed) 2 patients, over a period of years, without being stopped. To make it even frightening for patients in Texas, no one who was looking for a neurosurgeon, up until his medical license was revoked in June 2013, had any way of knowing about those maimings and killings.
(On a brief policy note, the author blames Texas’ tort reform, which many people incorrectly blame for high health costs. See Aaron for a comprehensive review of how Texas tort reform hasn’t worked in any substantive way to control health care costs).
From the article:
Physicians who complained about Duntsch to the Texas Medical Board and to the hospitals he worked at described his practice in superlative terms. They used phrases like “the worst surgeon I’ve ever seen.” One doctor I spoke with, brought in to repair one of Duntsch’s spinal fusion cases, remarked that it seemed Duntsch had learned everything perfectly just so he could do the opposite. Another doctor compared Duntsch to Hannibal Lecter three times in eight minutes.
More:
After surgery, the patient, Barry Morguloff, woke up in more back pain than he’d started with and had no feeling in his left leg. For the next several months, he was in constant pain, according to Mike Lyons, his attorney. Scans later revealed bone fragments from Morguloff’s vertebrae lodged in the nerves of his back, according to Lyons.
Three weeks later, Duntsch performed a spinal fusion on Jerry Summers, a childhood friend. During the surgery, Duntsch sliced into one of the arteries running down Summers’ spine, causing massive bleeding, which he tried to staunch by packing coagulants around the wound. When Summers woke up he couldn’t move his arms or legs. Rather than immediately ordering scans to find out what was wrong, Duntsch moved on to other patients, according to Kirby’s letter to the Medical Board.
Baylor brought in a senior surgeon to fix the damage to Summers’ spine. His report was damning. He blamed Summers’ paralysis on Duntsch’s “surgical misadventures,” which had led to the artery being cut; the final straw, he wrote in his report, had been the packing of coagulants around the cut, which had seriously damaged Summers’ spinal cord. Topping it all off had been Duntsch’s failure to order tests and re-operate on Summers in a timely manner—a delay that likely cost his childhood friend the use of his arms and legs, according to the senior surgeon’s report. Summers remains paralyzed.
And there much, much more.
Second, Reuters has put together a massive special report on the practice called “private re-homing.” This is a polite way of describing people who adopt kids, decide they don’t want them, and put them up on the Internet to the first person who says “I’ll take them!” Despite the obvious reaction of anger at callousness of the parents who adopt kids, often from overseas, without considering the cost, the real tragedy is what happens to these kids. They already were in a bad situation (why they were adopted), and then they are shipped off to someone who is often at least unprepared and at worst guilty of child pornography. They end up with people like this woman:
• Child welfare authorities had taken away both of Nicole Eason’s biological children years earlier. After a sheriff’s deputy helped remove the Easons’ second child, a newborn baby boy, the deputy wrote in his report that the “parents have severe psychiatric problems as well with violent tendencies.”
• The Easons each had been accused by children they were babysitting of sexual abuse, police reports show. They say they did nothing wrong, and neither was charged.
• The only official document attesting to their parenting skills – one purportedly drafted by a social worker who had inspected the Easons’ home – was fake, created by the Easons themselves.
Or like this pedophile:
Winslow – lovethemcute – was 41, balding and paunchy. He swapped pictures of naked children and would later spend time in a chat room called baby&toddlerlove, where he described himself as a “lil boylover,” court documents show. There, he would graphically boast of molesting boys and explain how to keep the abuse quiet: “Just have to raise them to think its fine and not to tell anyone,” he wrote in a chat with an undercover federal agent. “What is done in the family stays in the family.”
It’s long, but it’s worth the read in full (part 5, “The Survivors,” has not yet been posted).
Apart from the tragedy to these re-homed children and those maimed patients, and the attendant benefits of awareness to these issues, the question of relevance to this blog is: what can be done to stop this sort of activity? Let’s start with the re-homing. Tyler Cowen is skeptical of the implied solution in Reuters report, which is that the government should be more pro-active in regulating these re-homings and in vetting the people who want to accept the children. He writes:
Is the solution to make the initial adopting parents keep the girl? That seems doubtful. Are the children better off being sent back to an orphanage rather than being re-gifted? Possibly so, but this is not obvious. From a legal point of view, for sure. But as for the utilitarian and Benthamite angle? A lot of evil parents might keep their newly adopted children (and to the detriment of those children) because return to the orphanage could be bureaucratic, costly, and also humiliating, at least compared to giving them away rather rapidly over the internet.
Should we screen adopting parents more rigorously, so as to prevent lemon parents from adopting in the first place? Well, maybe, and if you read the article you will see some cases where better upfront screening would have been highly desirable. But tougher screening as a general rule? I don’t know. Adoption is already costly and bureaucratic, it is on average welfare-enhancing, and maybe we can’t easily screen out most of the lemon parents anyway. Etc.
In other words, Cowen doesn’t think that the most obvious policies would really do anything to benefit these kids. I agree. The question becomes: what do you do when you read stories like this then? Do you read it, think some sad thoughts, and move on? That’s not good enough for me, and I daresay it’s not good enough for most people. That’s why the drive for a new (or a stronger) policy to help these kids exists in the Reuters article. Clearly, the people offering the kids up for adoption aren’t going to self-regulate, and equally clearly, the people taking the kids won’t, either.
For the question of how to stop future neurosurgeon from maiming and killing patients, and for letting the public know, the solution is less murky, but still far from unambiguous. Texas enacted the tort reform and other laws that are easy on doctors for a reason. You might argue that the purported benefits aren’t justified by the costs (i.e., the benefits of tort reform are not that large, which Aaron does a great job of explaining, while the costs, as outlined in the piece about the neurosurgeon, can be devastating). I think the case against tort reform is pretty clear in this case. But again, tort reform was supposed to be a way to limit the practice of defensive medicine and therefore lower the excessive cost of health care in the United States. The problem is that every policy that cuts health care costs will have substantial costs associated with them.
I have a few scattered thoughts that will take the place of a proper conclusion:
1.) The world is a terrible place, because we humans are often very evil people to each other (or negligent)
2.) Policies that try to mitigate or decrease the effects of 1.) will never be extremely effective, and will often involve significant costs.
3.) Policy to mitigate 1.) are really hard, and really complicated. There will also always be people arguing that the policies are too costly (not just financial) and that the policy won’t actually reduce the effects of 1.) by all that much. This is the reason that I tend to think that specialists and people with deep technical expertise within a given field will do a better job of crafting policies than people who believe they have the “simple, down-to-earth” understanding of people and their behavior (yes, there are problems of regulatory capture etc. that can dominate the benefits I’ve sketched here).
But that’s why the title of the blog is what it is. We should acknowledge the uncertainty, try to understand as much as we can, and then do our best to use that understanding to craft intelligent policies that actually do limit the effects of 1.) while minimizing the costs.