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Bringing Together the Congenital Heart Disease Community

by Michael Pernick on Wednesday, Aug 03, 2016

When I think about the most satisfying event that I have ever attended in my life, the first memory that stirs isn’t a memory of a wedding or a birthday party. It isn’t a memory of a concert or school reunion. When I think of the most fulfilling event in my life, the first memory that always comes to mind is the last Adult Congenital Heart Association (ACHA) National Conference in Chicago.

One Small Pebble

by Michael Pernick on Friday, Feb 20, 2015

In what has become an annual tradition for me, once a year I travel down to Washington, D.C., to spend a day talking with my legislators on the Hill about why additional support for CHD is critically important. We all know the talking points—heart defects are the most common defects, one in 100 babies are born with a defect, yet we have no surveillance and tracking for children as they age, and the vast majority of adults don’t get the care they need.

CHD and the Law: Can You Sue Over Your CHD?

by Michael Pernick on Tuesday, Dec 23, 2014

This blog series features stories involving congenital heart disease and the law. The blog posts may discuss contemporary or historical court decisions, laws or regulations, or other legal issues that relate directly or indirectly to CHD. These posts are purely for entertainment and educational purposes and are not legal advice. Any opinions expressed in this series of posts are solely those of the author and do not represent the Adult Congenital Heart Association.

Today, I’ll write about a tough question with an easy answer. The tough question: How much evidence do you need in order to sue the company that you believe caused your CHD? The easy answer: More than nothing.

CHD and the Law: Hospital Mergers, Part 2

by Michael Pernick on Wednesday, Oct 15, 2014

This blog series features stories involving congenital heart disease and the law. The blog posts may discuss contemporary or historical court decisions, laws or regulations, or other legal issues that relate directly or indirectly to CHD. These posts are purely for entertainment and educational purposes and are not legal advice. Any opinions expressed in this series of posts are solely those of the author and do not represent the Adult Congenital Heart Association.

This is the second part in a two-part series about hospital mergers; the first part can be read here.

Adults with congenital heart defects are big users of our nation’s healthcare system. We have more surgeries and procedures, go for more check-ups, and require more frequent and complex testing. And if the healthcare market lacks healthy competition, healthcare costs skyrocket—as do insurance premiums, deductibles, and copayments. As I saw firsthand with my hospital, the antitrust laws don’t only regulate theoretical pants megastores but also regulate hospitals and the entire healthcare industry.

CHD and the Law: Hospital Mergers, Part 1

by Michael Pernick on Tuesday, Oct 14, 2014

This blog series features stories involving congenital heart disease and the law. The blog posts may discuss contemporary or historical court decisions, laws or regulations, or other legal issues that relate directly or indirectly to CHD. These posts are purely for entertainment and educational purposes and are not legal advice. Any opinions expressed in this series of posts are solely those of the author and do not represent the Adult Congenital Heart Association.

In the late 80s, I had my first two open heart surgeries at North Shore Hospital on Long Island. About 20 years later, I went back to the same hospital for my pulmonary valve replacement, but for some reason, the hospital had a new name: North Shore-LIJ. In fact, “North Shore-LIJ” wasn’t just one hospital, but was a conglomerate of 16 hospitals located all over Long Island and parts of New York City.

CHD and the Law: The Heart of a Soldier

by Michael Pernick on Tuesday, Jul 15, 2014

This blog series features stories involving congenital heart disease and the law. The blog posts may discuss contemporary or historical court decisions, laws or regulations, or other legal issues that relate to CHD. These posts are purely for entertainment and educational purposes and are not legal advice. Any opinions expressed in this series of posts are solely those of the author and do not represent the Adult Congenital Heart Association.

Sheldon Monroe is a Korean War veteran. He entered the service in September 1951, thinking he was entirely healthy. He had been a member of his college basketball and football teams. He was shocked when, shortly after basic training, a physical examination revealed a severe heart murmur. He was soon diagnosed with a ventricular septal defect. He served for two years and was honorably discharged in 1953.

CHD and the Law: Pre-Existing Conditions

by Michael Pernick on Monday, May 12, 2014

This blog series features stories involving congenital heart disease and the law. The blog posts may discuss contemporary or historical court decisions, laws or regulations, or other legal issues that relate to CHD. These posts are purely for entertainment and educational purposes and are not legal advice. Any opinions expressed in this series of posts are solely those of the author and do not represent the Adult Congenital Heart Association.

Jessica Rice was born in March of 1987, and her story began the same way as it does for many in the CHD community, including me: Soon after birth, she started turning blue. The doctors did an echocardiogram and based on their initial testing they diagnosed Jessica with pulmonary hypertension, but did not discover her congenital heart defect.

The One-Two Punch

by Michael Pernick on Thursday, Mar 06, 2014

Last week, I joined advocates from across the country in Washington, D.C., to meet with our elected leaders and their staffs and urge them to support Americans living with congenital heart disease (CHD). What we were asking for wasn’t unreasonable: We want the government to fully fund a Centers for Disease Control and Prevention (CDC) surveillance program. Millions of Americans are living with CHD; in fact, it is the most common birth defect. Nevertheless, the vast majority of adults with CHD – more than 90% – aren’t getting the care they need. In fact, we don’t even know who most of those people are, and we don’t have data on what happens to adults as they age out of the pediatric system.

CHD and the Law: Lessons from our Past

by Michael Pernick on Monday, Jan 27, 2014

This blog series features stories involving congenital heart disease and the law. The blog posts may discuss contemporary or historical court decisions, laws or regulations, or other legal issues that relate to CHD. These posts are purely for entertainment and educational purposes and are not legal advice. Any opinions expressed in this series of posts are solely those of the author and do not represent the Adult Congenital Heart Association.

I’m writing today about one of the first times Congress discussed the importance of providing support to individuals with congenital heart disease. But before I get into that, some background…

CHD and the Law: The “He Was Born With It” Defense

by Michael Pernick on Tuesday, Dec 31, 2013

This blog series features stories involving congenital heart disease and the law. The blog posts may discuss contemporary or historical court decisions, laws or regulations, or other legal issues that relate to CHD. These posts are purely for entertainment and educational purposes and are not legal advice. Any opinions expressed in this series of posts are solely those of the author and do not represent the Adult Congenital Heart Association.

On a Saturday in September 1921, Frank Wloszczynski was driving in Milwaukee and running late. He was not paying attention to the road, and pushing his car (presumably a Model T) as fast as it could possibly go. He did not notice that Anton Gerber, a child, was crossing the road. Wloszczynski hit little Anton. Although he survived, Anton was hurt.

CHD and the Law: Medical Malpractice Part II

by Michael Pernick on Thursday, Oct 17, 2013

This blog series will feature a story involving congenital heart disease and the law. The blog posts may discuss contemporary or historical court decisions, laws or regulations, or other legal issues that relate to CHD. These posts are purely for entertainment and educational purposes and are not legal advice. Any opinions expressed in this series of posts are solely those of the author and do not represent the Adult Congenital Heart Association. The exact dates and names of the parties involved in this matter have been altered. This is the second part in a two-part series about medical malpractice; the first part can be read here.

About three years ago I developed a serious fever that did not go away with over-the-counter medicine. After two days, the fever had worsened and I went to a local clinic. When I told the doctor that I was born with a congenital heart defect, he followed the proper standard of care: He took a blood sample and sent it in for priority testing. Within 12 hours, he called me and told me I had an infection in my bloodstream and needed to go the emergency room immediately. I was quickly diagnosed with endocarditis, a bacterial infection in my heart. It took two months of extremely powerful antibiotics to eliminate the infection. Infective endocarditis can be fatal. I survived with no damage because the doctor in the local clinic followed the proper standard of care.

CHD and the Law: Medical Malpractice Part I

by Michael Pernick on Friday, Sep 20, 2013

This blog series will feature a story involving congenital heart disease and the law. The blog posts may discuss contemporary or historical court decisions, laws or regulations, or other legal issues that relate to CHD. These posts are purely for entertainment and educational purposes and are not legal advice. Any opinions expressed in this series of posts are solely those of the author and do not represent the Adult Congenital Heart Association. The names of the parties involved in this matter have been altered.

Medical malpractice is a controversial issue. I’m not going to wade into this debate—instead, I will share two stories (in two separate blog posts) involving children born with CHD, each of which resulted in a medical malpractice lawsuit. My goal is not to pass judgment on whether these cases where rightly or wrongly decided, but instead use these cases to help answer a simple question: What does it generally take to win a malpractice suit?

Advocacy. Yep, it’s Personal.

by Michael Pernick on Friday, Jul 19, 2013

In my first government job several years ago, I worked as a junior legislative aide for a legislator in New York. My responsibilities mostly focused on constituent services: When a resident of the district needed help, it was my job to try to help them cut through bureaucracy and get them the best possible services out of their government. Occasionally, instead of coming in with complaints about potholes or issues with their property assessment, people came in to share personal stories that spoke to the need for broader policy change.

Elected officials and their staffs hear from special interest groups, lobbyists, and organizations with policy suggestions many times each day. But it is surprising how rare it is for actual people to come in and tell personal stories – and it is astounding how effective those rare stories can be at catalyzing action in a legislative office.

Shark Attacks, Motorcycle Accidents, and Muggings

by Michael Pernick on Tuesday, Jun 18, 2013

As a child growing up, my mom, like all loving mothers, always told me I was special. She always told me I was the smartest, nicest, and cutest boy in the world (now she looks at me and asks “what happened?”—but that’s besides the point). But I knew I was different, and not for the reasons my mom mentioned. I was the only child in school with a big bump on my chest. I was the only child in school with scars running up and down my upper body, side, and back. And I noticed that when I went out to the playground, I would get tired much more quickly than the other children. I knew I was special, but not for the reasons my mom told me.

Posts by Michael Pernick

Bringing Together the Congenital Heart Disease Community

One Small Pebble

CHD and the Law: Can You Sue Over Your CHD?

CHD and the Law: Hospital Mergers, Part 2

CHD and the Law: Hospital Mergers, Part 1

CHD and the Law: The Heart of a Soldier

CHD and the Law: Pre-Existing Conditions

The One-Two Punch

CHD and the Law: Lessons from our Past

CHD and the Law: The “He Was Born With It” Defense

CHD and the Law: Medical Malpractice Part II

CHD and the Law: Medical Malpractice Part I

Advocacy. Yep, it’s Personal.

Shark Attacks, Motorcycle Accidents, and Muggings

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