Healthcare Risk Management – October 1, 2011
October 1, 2011
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Surgeon loses $3.3 million verdict after saying to family that he's sorry
A $3.3 million verdict against a doctor who apologized to his patient's family for her death is leading some healthcare professionals to wonder if the push for apologies and transparency has a dark side. Are risk managers encouraging physicians to say something that actually will work against them in court? -
Take a pause after the apology
Physicians who already were skeptical about apologizing to patients might start citing the recent malpractice case against Michael Knapic, DO, as evidence that, rather than diminishing their malpractice risk, an apology could seal their fate in court. That's a misinterpretation of this case, says Doug Wojcieszak, founder of the Sorry Works! Coalition in Glen Carbon, IL, which promotes apologies from healthcare providers. -
Court weighs 'I'm sorry' vs. 'I'm responsible'
In the recent opinion from the Ohio Court of Appeals concerning a malpractice case against Michael Knapic, DO, by plaintiff Leroy Davis, the court carefully considered the question of what the Ohio legislature meant to protect with its apology statute. -
Must be 50 ways to say you're sorry
Paul Simon said there were 50 ways to leave your lover, and Grena Porto, RN, MS, ARM, CPHRM, says there are at least that many ways to say you're sorry ... without admitting responsibility. -
How to disclose errors by another provider
Disclosing a medical error is never easy, but it can become especially complicated when you need to tell the patient that a previous provider was in the wrong. This delicate situation often requires communication with the other provider before you tell the patient anything. -
Parents weren't told link between error and death
The question of whether to inform patients of a previous provider's error was highlighted recently in a discussion posted by the Agency for Healthcare Research and Quality (AHRQ). Thomas H. Gallagher, MD, associate professor in the Departments of Medicine and Bioethics and Humanities at the University of Washington in Seattle, discussed the case of a 4-year-old boy whose brain swelling was not detected in a CT scan. -
Doc tells about error, other provider unhappy
Doing the right thing doesn't guarantee that everyone is going to be pleased, says Frederick S. Southwick, MD, professor of medicine in the Division of Infectious Diseases and quality projects manager for the senior vice president for health affairs at the University of Florida Shands Health System and the University of Florida College of Medicine in Gainseville. -
Hasty disclosure can damage other providers
Tertiary care providers can be so influenced by seeing the end results of a supposed error the patient's condition is worsened that they make overly harsh judgments about the previous provider's care, says Matson Sewell, MS, MPH, CPHRM, principal with Matson Sewell Healthcare Consulting in Sacramento, CA. Those judgments can cause serious damage to the hospitals. -
EMRs, other tools count as medical devices
A rule from the Food and Drug Administration (FDA) is causing healthcare providers to reassess what is considered a medical device and what the classification might mean in terms of liability and reporting requirements. -
Palm scan technology improves patient safety
A New York City hospital is taking patient identification into the 21st century by using palm scans to avoid identity confusion and improve patient safety. -
Hospital sued after poisoning death
A Philadelphia hospital is facing a lawsuit from the relatives of a man whose chemist wife is accused of poisoning him with thallium. -
Few med mal claims lead to settlement
Healthcare providers know that many medical malpractice claims are without merit, but the common wisdom is that a great many of those are settled anyway. A new report, however, indicates that only one in five malpractice claims against doctors leads to a settlement or other payout. -
Humana fined $3.4 M for not reporting fraud
The Agency for Health Care Administration (AHCA) in Florida has fined Louisville, KY-based Humana $3.4 million for failing to report suspected or confirmed Medicaid fraud to the state on a timely basis. -
Alleged delay in delivering baby leads to birth asphyxia, $20M settlement
A woman with a normal pregnancy was admitted to the hospital after going into labor. The woman first was seen by the attending OB physician, who later went off duty. Another physician assumed responsibility in the afternoon and was extremely busy. An examination of the woman showed that the baby was occiput posterior.