By promptly disclosing medical errors and offering earnest apologies and fair compensation, they hope to restore integrity to dealings with patients, make it easier to learn from mistakes and dilute anger that often fuels lawsuits. [..]
Despite some projections that disclosure would prompt a flood of lawsuits, hospitals are reporting decreases in their caseloads and savings in legal costs. Malpractice premiums have declined in some instances, though market forces may be partly responsible. [..]
Recent studies have found that one of every 100 hospital patients suffers negligent treatment, and that as many as 98,000 die each year as a result. But studies also show that as few as 30 percent of medical errors are disclosed to patients.
Only a small fraction of injured patients — perhaps 2 percent — press legal claims.
According to the article, another benefit is turning medical mistakes into learning opportunities that improve the quality of health care.
Several states have laws that make apologies inadmissible in lawsuits. A few states have made admissions of wrongdoing inadmissible, and seven states require disclosure to patients when things go wrong.
Last year I had an operation that required being put under. I was supposed to get the "angel" drug that puts you under yet not quite. The anesthesiologist read the wrong chart and put me under with intubation and the works. I came to in the recovery room, sick as a dog. The surgeon came in to check on me as I was just finishing a big old barf. He told me that there had been an error and what had happened. He apologized and the anesthesiologist came in and apologized. Then a woman from "legal" came in and asked me if the apology was enough. I thought for a moment and realized that this was a procedural way of handling something like this. I told her "sure" and she told me that they were waiving all fees for the operation. I signed a form accepting this as the outcome. I can honestly say that I felt satisfied with the whole thing. Later, I was talking to my surgeon brother and he told me that the type of anesthesia used was very risky and that more people die from misapplication of that method than from the surgeries themselves. He said that most likely they had an "apology" program at that hospital and that they were scared shitless that I would sue. Now, I wouldn't have sued, but I can tell you that being apologized to is way better than being shut out of the whole thing while lawyers fire briefs at each other.
True happiness is knowing you are a hypocrite. -- Ivor Cutler
Submitted by Anonymous (not verified) on Mon, 2008/05/19 - 6:50pm.
The doctor/patient relationship is a complex one and understanding when lines have been crossed is crucial. Understand your rights when it comes to medical carehere Feel free to comment!
Last year I had an operation that required being put under. I was supposed to get the "angel" drug that puts you under yet not quite. The anesthesiologist read the wrong chart and put me under with intubation and the works. I came to in the recovery room, sick as a dog. The surgeon came in to check on me as I was just finishing a big old barf. He told me that there had been an error and what had happened. He apologized and the anesthesiologist came in and apologized. Then a woman from "legal" came in and asked me if the apology was enough. I thought for a moment and realized that this was a procedural way of handling something like this. I told her "sure" and she told me that they were waiving all fees for the operation. I signed a form accepting this as the outcome. I can honestly say that I felt satisfied with the whole thing. Later, I was talking to my surgeon brother and he told me that the type of anesthesia used was very risky and that more people die from misapplication of that method than from the surgeries themselves. He said that most likely they had an "apology" program at that hospital and that they were scared shitless that I would sue. Now, I wouldn't have sued, but I can tell you that being apologized to is way better than being shut out of the whole thing while lawyers fire briefs at each other.
True happiness is knowing you are a hypocrite. -- Ivor Cutler
The doctor/patient relationship is a complex one and understanding when lines have been crossed is crucial. Understand your rights when it comes to medical carehere Feel free to comment!
Post new comment