Kevin, M.D - Medical Weblog

The other side

A reader responds to the recent WSJ story on the effects of non-economic caps:
I have become a pediatric patient safety advocate, not by my own choosing. I have received several emails from grieving parents over the past few months asking me for advice. They can't get answers why their child died - because of the archaic and accepted disclosure policies most hospitals insist upon - nor an attorney to take their case. What am I to tell them?

I have worked in healthcare and have seen both sides of this issue. I do know that all physicians would want their child treated with every possible test - no matter what the cost. I think if you step back and look at what you would want as a parent, you would all agree with us. Order tests because it could save the child, not because it would save yourself. An MRI, EKG, labs or CT scan may have saved [my child's] life and there is no price tag there. The issue should be on improving safety - not caps - because no parent files a lawsuit against a physician when their child dies for money.
Let me first say that I support non-economic caps and have pointed to many articles detailing its positive effect on the malpractice crisis. However, I also acknowledge that the medical field clearly has work to do in how we communicate medical errors. This study from JAMA highlights a disconnect between patients and physicians when responding to medical errors:
Both patients and physicians had unmet needs following errors. Patients wanted disclosure of all harmful errors and sought information about what happened, why the error happened, how the error's consequences will be mitigated, and how recurrences will be prevented. Physicians agreed that harmful errors should be disclosed but "choose their words carefully" when telling patients about errors. Although physicians disclosed the adverse event, they often avoided stating that an error occurred, why the error happened, or how recurrences would be prevented. Patients also desired emotional support from physicians following errors, including an apology. However, physicians worried that an apology might create legal liability. Physicians were also upset when errors happen but were unsure where to seek emotional support.
Small studies have noted that full disclosure of medical errors reduces the risk of punitive actions:
Virtually all patients (98%) desired some acknowledgment of even minor errors. . . For both moderate and severe mistakes, patients were significantly more likely to consider litigation if the physician did not disclose the error.
Mistakes happen in medicine. Lawsuits are bourne out of the public's expectation and demand for perfection. As advocation for non-economic caps continue, this reader's letter reminds us that we should continue to be vigilant in maintaining open communication with patients - especially after medical error.







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Comments

  1. Anonymous Anonymous  

    I'm not sure where this reader comment was made, was it in the WSJ? I can't find any such comment on the Chance to cut blog or yours.

    Anyway, I'd make one comment on the reader's letter, and that concerns this :

    "I do know that all physicians would want their child treated with every possible test - no matter what the cost."This is simply, plainly and completely untrue. An incredible myth, but one of those beliefs that is very hard to dispel where outsiders are concerned. No doctor I know of does this: certainly in my own case I cannot think of a single - not one single occasion, where I investigated my kids illnesses more agressively than a patient.

    The reason for this is simple. Doctors investigate excessively these days not because they don't know what's going on, but because they believe it is for their own legal protection. When a diagnosis is reasonably clear, a doctor investigates further for one purpose only - to "cover ones' a**". The excessive investigation will not likely harm us, will not cost us anything, and will likely help us against the unscrupulous; but it may inconvenience and sometimes harm the patient (since anything you do in medicine has risks), and definitely "harms" healthcare costs.

    No doctor wants to do this at all, but the insane legal climate has forced this to happen.

    With our own kids, there is just no way we'll subject them to over-investigation (ie. any investigation over the minimum required to establish a diagnosis), because our kids aren't just waiting to sue.

    It's so sad, but sometimes I think that more and more, the true, benevolent doctor-patient relationship increasingly exists only between doctors and their families/friends, where care is based on what is judged the very best for the patient's well-being, not on what is thought will best hold up in a law court.
  2. Anonymous Anonymous  

    Referring to this reader (and parent who has lost a child) as an "outsider" is part of the problem. Let's remove the barriers and secrecy that have always existed with the "insiders" and focus on our purpose of comforting and healing.

    In regards to the WJS article on caps: "It proves that the lawyers ought to be taken out of the loop and an independent review board appointed to handle claims. A no-fault system for compensation, coupled with a professional review for systems and personnel problems. It would be much more effective."
  3. Anonymous Anonymous  

    "Small studies have noted that full disclosure of medical errors reduces the risk of punitive actions:
    Virtually all patients (98%) desired some acknowledgment of even minor errors. . . For both moderate and severe mistakes, patients were significantly more likely to consider litigation if the physician did not disclose the error.Mistakes happen in medicine. Lawsuits are bourne out of the public's expectation and demand for perfection."

    Actually, it sounds like lawsuits are bourne out of the public's desire for full disclosure.
  4. ..Patients also desired emotional support from physicians following errors, including an apology. However, physicians worried that an apology might create legal liability. Physicians were also upset when errors happen but were unsure where to seek emotional support....

    That statement is really a key to the malpractice issue. Errors are going to happen. Combined with success/failure rates per the procedure you are faced with an emotional outcome in the end, regardless the circumstances. Joy and merriment when the child is healed. Mental anguish, pain and anger when things go wrong. It's the business of healing and unfortunately, not everyone is going to be healed. Turning that pain, anger and anguish into excessive dollars seems like it will help. It doesn't.

    I like the idea of independent review boards, but who regulates them? There's still the question of standards. Would these boards follow USPSTF recommendations?
  5. Anonymous Anonymous  

    I just wanted to let everyone here know about a new blog for: Medical Error Talk

    http://medicalerrortalk.blogspot.com

    This blog is aimed for physicians who may anonymously post comments about medical errors that they or their colleagues may have committed; the idea is to generate a discussion about the error, what can be learned from it, and how it may be prevented in the future. Given the debate about medical error-reporting in the US and how it may impact physician compensation through performance scales that are based on rate of medical errors, it is critical that we as a physician community learn from each other through open discourse about our medical errors, especially if they resulted in complications for the patient. The ultimate goal of this medical forum is to improve patient care.

    Every physician makes mistakes during his/her lifetime, which if not discussed openly for the sake of educating others in our field, will continue to happen over and over again with varying consequences to our patients. Lets make an attempt to stop that cycle using this forum.
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