Handling Hospital Errors: Is Disclosure the Best Defense?

@article{Wu1999HandlingHE,
  title={Handling Hospital Errors: Is Disclosure the Best Defense?},
  author={Albert W. Wu},
  journal={Annals of Internal Medicine},
  year={1999},
  volume={131},
  pages={970-972}
}
  • A. Wu
  • Published 21 December 1999
  • Medicine
  • Annals of Internal Medicine
Why do patients sue? Bad outcomes and errors in care are obvious factors, but some of the available evidence implicates deficient communication. One attorney explained it to me this way: In over 25 years of representing both physicians and patients, it became apparent that a large percentage of patient dissatisfaction was generated by physician attitude and denial, rather than the negligence itself. In fact, my experience has been that close to half of malpractice cases could have been avoided… Expand
Communicating with Patients About Adverse Medical Events: If, When, and How to Say “I’m Sorry”
Adverse medical events can result a variety of factors including practitioner error and systems failure. The process by which such events are communicated to patients by health care providers isExpand
Non-disclosure of medical errors an egregious violation of ethical principles.
  • A. Edwin
  • Medicine
  • Ghana medical journal
  • 2009
TLDR
Moral courage is needed if doctors are to do the right thing when medical errors occur and this moral courage can be facilitated by institutions having policies and guidelines on disclosure of errors in place, training doctors and other hospital staff on how to disclose medical errors and providing emotional support for doctors who make mistakes. Expand
"Sorry” Is Never Enough: How State Apology Laws Fail to Reduce Medical Malpractice Liability Risk.
TLDR
Examining a dataset of malpractice claims obtained directly from a large national malpractice insurer presents a unique opportunity to understand the effect of apology laws on the entire litigation landscape in ways that are not possible using only publicly available data. Expand
Does full disclosure of medical errors affect malpractice liability? The jury is still out.
TLDR
Despite extensive literature on the impact of disclosure on malpractice liability, few well-designed studies have focused on the real-world impact on the volume and cost of suits following implementation of a full disclosure policy. Expand
Disclosing harmful medical errors to patients: tackling three tough cases.
TLDR
A standard of materiality is proposed that can help clinicians to decide what information to disclose and how institutions can overlook patients' and families' needs following errors. Expand
Does Sorry Work? The Impact of Apology Laws on Medical Malpractice Benjamin Ho Cornell University
Apologies made by physicians for adverse medical events have been identified as a mitigating factor in whether patients decide to litigate. However, doctors are socialized to avoid apologies becauseExpand
What makes an error unacceptable? A factorial survey on the disclosure of medical errors.
  • D. Schwappach, C. Koeck
  • Medicine
  • International journal for quality in health care : journal of the International Society for Quality in Health Care
  • 2004
TLDR
In errors with a severe outcome, an honest, empathic, and accountable approach to the error decreases the probability of participants' support for strong sanctions against the physician involved by 59%. Expand
Unanticipated harm to patients: deciding when to disclose outcomes.
TLDR
Institutional policies and procedures should provide a clear approach to the identification, reporting, and discussion of unanticipated adverse outcomes, whether or not they are associated with error, as well as guidance and an educational program to help physicians, staff, and students disclose un anticipated adverse events and error in the most appropriate manner. Expand
Patient Safety and Medical Malpractice: A Case Study
TLDR
A 52-year-old woman with severe pneumonia and impending respiratory failure was evaluated on the medical ward of a community hospital by Dr. Harris, an internist, and transferred to the intensive care unit (ICU) for urgent intubation by a critical care specialist. Expand
Subtracting insult from injury: addressing cultural expectations in the disclosure of medical error
TLDR
It is recommended that learning how to disclose errors, apologise to injured patients, ensure that these patients’ needs are met, and confront the emotional dimensions of one’s own mistakes should be part of medical education and reinforced by the conduct of senior physicians. Expand
...
1
2
3
4
5
...

References

SHOWING 1-10 OF 20 REFERENCES
Risk Management: Extreme Honesty May Be the Best Policy
TLDR
The benefits of telling patients the truth are reviewed and the possible consequences to the physician and the patient under various circumstances, and the high assessments were substitutes for punitive awards are reviewed. Expand
To tell the truth: ethical and practical issues in disclosing medical mistakes to patients.
TLDR
Situations occasionally occur in which a patient suffers significant medical complications that may have resulted from the physician’s mistake or judgment, and the physician is ethically required to inform the patient of all facts necessary to ensure understanding of what has occurred. Expand
How do patients want physicians to handle mistakes? A survey of internal medicine patients in an academic setting.
TLDR
Patients desire an acknowledgment from their physicians of even minor errors, and doing so may actually reduce the risk of punitive actions, which reinforces the importance of open communication between patients and physicians. Expand
Minimizing malpractice risks by role clarification. The confusing transition from tort to contract.
  • J. Green
  • Medicine
  • Annals of internal medicine
  • 1988
TLDR
Physicians' patterns of allocating responsibility by express and implied agreements should be evaluated and changes made where needed and common misunderstandings that erode relationships and lead to litigation should be clarified. Expand
Medical injury compensation. A time for testing new approaches.
Despite an improved climate for professional liability insurance, medical injury compensation remains a subject of serious concern. The current tort system has been assailed as too slow, too costly,Expand
Do house officers learn from their mistakes?*
TLDR
House officers who accepted responsibility for the mistake and discussed it were more likely to report constructive changes in practice and residents were less likely to make constructive changes if they attributed the mistake to job overload. Expand
Relation between malpractice claims and adverse events due to negligence. Results of the Harvard Medical Practice Study III.
TLDR
Medical-malpractice litigation infrequently compensates patients injured by medical negligence and rarely identifies, and holds providers accountable for, substandard care. Expand
Do the poor sue more? A case-control study of malpractice claims and socioeconomic status.
TLDR
Poor and uninsured patients are significantly less likely to sue for malpractice, even after controlling for the presence of medical injury, and gender and race were not independently associated with risk of malpractice claims. Expand
Incidence of adverse events and negligence in hospitalized patients.
TLDR
There is a substantial amount of injury to patients from medical management, and many injuries are the result of substandard care, and the percentage of adverse events attributable to negligence increased in the categories of more severe injuries. Expand
Incidence of adverse events and negligence in hospitalized patients. Results of the Harvard Medical Practice Study I.
TLDR
There is a substantial amount of injury to patients from medical management, and many injuries are the result of substandard care. Expand
...
1
2
...