failure to inform

Disclosing Medical Error – The Right Thing To Do

by Jerry Meyers on June 7, 2011

To The Editor
Regarding: The Value of Disclosing Medical Error

I write this in response to an article posted by ALICIA GALLEGOS, of American Medical News, posted June 1, 2011. I heartily support the Lockton Report analyzing the findings of Aug. 17, 2010, issue of Annals of Internal Medicine. Such disclosures are not only good business but are also required.

American Medical Association’s Code of Medical Ethics says physicians are ethically obligated to disclose what happened “when a patient suffers significant medical complications that may have resulted from a physician’s error.”

The attempt to cover up medical errors results in those involved eventually forgetting the fact that errors occurred. Instead of correcting the practices leading to harm all energy is expended in making it seem that nothing untoward occurred.

I am a trial attorney and have represented victims of malpractice for 34 years. I think it absurd that I have to speak for the victims because their doctors, nurses, etc. won’t.

Sincerely,

Jerry I. Meyers
Pittsburgh, Pa

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Why Can't Doctor's Say They Are Sorry?

by Jerry Meyers on February 2, 2010

Natasha Singer, in her  recent New York’s Times opinion piece suggests that saying you’re sorry is difficult in the health care industry. Indeed, her article addresses the pharmaceutical industry as well.  It is interesting that this issue requires any discussion. We all learned as children the importance of apology in making right a harm resulting from our wrongful conduct. Moreover, that there might be adverse consequences associated with admitting wrongdoing was to be expected and was not ever deemed a justification for remaining silent.

It is remarkable that silence as a substitute for apology has become a standard of conduct for healthcare providers. They argue that if they apply to this that someone might try to hold them accountable for their conduct. In other words unlike what their parents  told them as children, healthcare providers, who once knew that apology was the ethical and proper thing to do have come to believe that silence and obfuscation represent the ethical thing to do.

Remarkably, as pointed out by Singer, those medical centers such as the University of Michigan health Center have discovered honest apology makes they are victims feel good and reduces malpractice claims. The Michigan experience has been duplicated elsewhere. Honesty is not only the right thing to do but also represents a sound business practice.

One has to look elsewhere for the origin of the “conspiracy of silence” than fear of consequence.  Arrogance is a better explanation.

What do you think?

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Cervical Cancer Screening Unnecessary for "Low Risk Women" – Another Myth Bites the Dust

December 2, 2009

For a comprehensive review of literature dispelling the myth that there is a big difference between high risk and low risk patients and screening for cervical cancer please read NUNS, VIRGINS, AND SPINSTERS’. RIGONI-STERN AND CERVICAL CANCER REVISITED, MALCOLM GRIFFITHS. Put simply,  over a long period of time a concept often explained and often repeated, [...]

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A Patient Should Have a Right to Legal Advocacy

October 13, 2009

In 1998 the United States Advisory Commission on Consumer Protection and Quality in the healthcare industry adopted a Patient Bill of Rights. The same year Pennsylvania enacted a Patient Bill of Rights allegedly for the purpose of providing quality healthcare accountability and protection under Act 68 of 1998. It is interesting that the legislature of [...]

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Patients Not Informed of Clinically Significant Outpatient Test Results

July 10, 2009

The Archives of Internal Medicine, June 22, 2009, published results of a retrospective medical record review involving nineteen community based and four academic medical center primary care practices.  The researchers were intent upon examining how frequently patients were not informed of clinically significant abnormal outpatient test results.  The researcher’s conclusion was that it is common [...]

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MGUS (Monoclonal Gammopathy of Undetermined Significance)

June 5, 2008

Each year many die of multiple myeloma. It is a cancer principally affecting bone but capable of metastasizing to the lung and soft tissue. A man or woman in their 40’s or 50’s suddenly suffering a fracture of some spinal element without any precedent trauma that they can recall is certainly a possible victim of [...]

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