State Faults Area Hospitals In Use
Of Shock Treatments
By Lou Chapman
FORT WORTH--Hospitals in Fort Worth and Dallas that use
electroshock therapy to ease severe depression have given individual
patients too many treatments, administered the therapy despite
patient refusals and performed inadequate medical screenings,
according to state records reviewed by the Star-Telegram.
The violations, which occurred in late 1995 and last year, were
uncovered by a random audit of hospital records by the state Health
Department and have been corrected, officials said. At one Dallas
hospital, two elderly, terminally ill patients were treated with
electroconvulsive therapy -- or ECT--even though they were medically
unstable or would not benefit from the treatment, Health Department
records show. Both died of medical complications within two weeks of
their last ECT.
Other state data show a striking increase in the number of
patients receiving ECT at age 65 -- when most Americans generally
become eligible for Medicare. Hospital officials and proponents of
ECT said they cannot explain the increase. They dismissed critics
who say hospitals are snaring patients once they become eligible for
Medicare reimbursements.
The state issued no sanctions in any of the cases involving
violations. And, in many instances, the infractions were considered
clerical errors or record-keeping problems that were fixed on the
spot, said Eloise Harris-Teas, the Health Department's manager of
hospital psychiatric services. In more serious cases, hospitals
submitted plans to correct violations and prevent further
infractions, Harris-Teas said.
Still, at the request of a nonprofit advocacy group that opposes
ECT therapy, the state attorney general's office is examining the
Health Department's findings to determine whether to pursue possible
state violations. "We've received a lot of data, a lot of
information, and we're looking at it," said Ward Tisdale, a
spokesman for Attorney General Dan Morales. "That's really the
stage we're at right now." The revelations come three years
after Texas strengthened its regulations of the use of ECT and began
requiring hospitals and psychiatric facilities to provide the state
with detailed patient information, including age, race, number of
treatments and types of side effects. The disclosures also come as
the Legislature is considering a bill that would ban ECT and
psychosurgery, prefrontal sonic sound treatment or any other
convulsive or coma-inducing therapy. Other ECT data provided to the
Texas Department of Mental Health and Mental Retardation show that
for the three years that ended Aug. 31, 1996, the number of patients
receiving the treatment multiplied anywhere from two to four times
between ages 64 and 65, the qualifying age for Medicare.
"Don't let the hospitals tell you there's not a financial
incentive to doing electric shock therapy, especially when Medicare
pays and there's a hospital stay," said Jerry Boswell,
executive director of the Austin office of the Citizens Commission
on Human Rights. The commission asked the attorney general to
investigate whether hospitals have performed the treatment
unnecessarily on people who turn 65, and whether they have violated
regulations concerning patients' rights, medical screenings and
treatment methods. Co-founded by the California- based Church of
Scientology, Boswell's organization generally opposes the use of
modern psychiatry. The California-based group previously spearheaded
investigations in Texas that uncovered a systematic abuse of
patients' rights and referral kickbacks in psychiatric hospitals in
Texas.
"It's just too coincidental that there's this spike in
numbers at age 65," Boswell said. The deaths related to ECT
were recorded at Doctor's Hospital in Dallas, where Health
Department investigators reported "poor examination or medical
attention" before or during treatment. A 73-year-old woman who
got ECT was terminally ill with severe respiratory problems and
throat cancer, which eventually caused her death. She also received
psychoactive drugs despite her refusal, and consented to ECT after
the hospital exerted "undue influence" on her, state
records say. The Health Department audit found that she was too ill
to benefit from ECT. A 72-year-old man who had refused therapy but
whose wife consented on his behalf was in renal failure when he was
admitted for psychiatric treatment. He developed blood clots in his
urine after a double treatment of ECT and died of medical
complications within two weeks of receiving the treatment.
The 72-year-old man and two other patients received two ECT
treatments in one session without a second psychiatrist's opinion,
as state law requires. One of those patients was a 31- year-old
woman who forgot how to feed herself after her treatments, records
said.
Doctors provided correction plans to the Health Department, which
visited the hospital again in December and found no deficiencies.
"They were deficiencies related to documentation, and we
addressed those concerns with the medical and professional
staff," said Mary Sellers, a hospital spokeswoman. "I'm
sure there was some training, some policies were put into place, or
at least were re- emphasized." In the three years that ended
Aug. 31, 1996, 5,141 people in Texas received ECT therapy. Used to
lift severe depression temporarily, ECT sends a one- to four-second
jolt of electricity through electrodes on a patient's scalp. The
shock induces a short- lived convulsion that some scientists believe
counteracts or interrupts the electrical processes that cause some
types of mental illness. The procedure is solidly embraced by
mainstream medicine, including the American Psychiatric Association
and the National Institutes of Health, as a treatment for severely
depressed patients who don't respond to drug therapy or
psychotherapy.
In addition to Doctor's Hospital, other infractions found in
Dallas facilities included:
St. Paul Medical Center, part of Harris Methodist Health System,
gave ECT patients insufficient medical screenings. One woman was 84,
dependent on a feeding tube and losing weight. She later suffered an
adverse reaction to ECT, the report says.
In response, St. Paul rewrote admission criteria for its
psychiatric unit "to specifically exclude anyone too ill to
participate in the program," spokeswoman Paula Davis said. The
hospital also received invalid informed consent from three patients,
each more than 70 years old and each too confused, disoriented or
feeble-minded to understand what they were signing, according to
Health Department records.
Davis said the hospital had received verbal consent from the
patients, but that the permission was not documented in records
reviewed by the state. To correct the problem, St. Paul developed
consent forms to be used specifically for ECT patients, she said.
St. Paul also gave three patients small jolts of ECT to test their
reaction to a certain type of muscle relaxant, but did not notify
them properly that the procedure was experimental, records said.
Davis said the hospital revised its consent forms to comply with
state regulations. Parkland Memorial Hospital did not give one
patient full information on the nature of ECT or its possible side
effects and did not include information on the nature or seriousness
of the patient's illness in his medical records.
The Health Department noted in its deficiency report that
Parkland has developed a plan to ensure that workers know what
information state law requires patients to have.
In Tarrant County, the Health Department found that:
At Huguley Memorial Medical Center, only one of four physicians
who performed ECT had proper credentials "according to hospital
policy."
The state's deficiency report notes that the hospital's medical
director, Dr. Thomas DePorter, told department investigators that he
had properly "proctored" the other doctors on the use of
ECT but had not completed the paperwork necessary for the hospital's
internal review procedures. "We wouldn't ever entertain letting
someone do the procedure unless they had been properly
trained," DePorter said.
Columbia Plaza Medical Center twice gave patients treatments
exceeding the number allowed by state law over a certain time and
provided erroneous information in its monitoring reports. ECT in
Texas is limited to 24 treatments in 12 months or 15 in eight
consecutive weeks for an individual, with some exceptions. The
Health Department said two Columbia Plaza patients each received 36
treatments in 12 months.
Osteopathic Medical Center of Texas submitted incomplete
monitoring reports in one quarter. Officials for Columbia Plaza and
Osteopathic Medical Center did not return phone calls to discuss the
reported violations or any other aspect of ECT. The reports did not
identify the patients involved.
Patient age data reported to Texas MHMR meanwhile show that from
1994 through 1996, the number of patients receiving ECT more than
doubled statewide between ages 64 and 65. Individual case reports to
the state were incomplete, but at least 86 of the 5,141 ECT patients
during the three-year period were 64 years old, and more than twice
that many--at least 195 -- were 65 when they got ECT.
In Fort Worth, the number jumped more than 31/2 times, according
to records at the Texas Department of Mental Health and Mental
Retardation. "I'm really very surprised at those numbers,"
said Dr. Herbert Rush, medical director for All Saints Behavioral
Health Services in Fort Worth. "You shouldn't see any
difference between those two ages that I can think of. I would not
have thought there would be any significant difference." In the
three years reviewed, All Saints Medical Center gave ECT to five
patients who were 64 years old, and to 16 who were 65, according to
state MHMR records. Dr. Steve Shon, Texas MHMR medical director,
said his agency has not analyzed the reported data and cannot say
whether an unusually high number of patients older than age 65 are
being treated.
In addition to All Saints, the reports show the ensuing
breakdown, by hospital for Tarrant County:
Saint Joseph Hospital, which was bought by Columbia/HCA in 1994
and closed in 1995, treated two 64-year-old patients and no one who
was 65.
Columbia Plaza Medical Center treated one patient who was 64 and
seven who were 65.
Osteopathic Medical Center of Texas had no 64-year-old patients,
but seven who were 65.
Huguley Memorial Medical Center treated two patients at 64 and
six at 65. Huguley's DePorter said most patients already have
private insurance when they become eligible for Medicare, so there's
no reason for the program to influence care. "And I've never
had an insurance company deny ECT," he said.
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