Medical error disclosure

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Medical Error - Anatomy of a Mistake

  • Active vs. Latent Errors

    • Active errors: Occur at the point of patient contact (the "sharp end"). Unsafe acts by clinicians (e.g., slips, lapses).
    • Latent errors: System-level flaws or hidden failures (the "blunt end"). E.g., poor design, inadequate training, staffing issues.
  • Types of Failures

    • Slips: Unintended action; "did something I didn't mean to." (e.g., wrong dose).
    • Lapses: Unintended omission; "forgot to do something." (e.g., missed step in a protocol).
    • Violations: Intentional deviation from a safe practice.

High-Yield: Most adverse events are not due to individual negligence but to a confluence of latent, system-based errors (the "Swiss Cheese Model"). Focusing on system improvement is key to prevention.

Disclosure Dialogue - The Right Words

The goal is to rebuild trust through honesty and empathy. The conversation should be timely, private, and unhurried. Focus on the patient's needs, providing clear information and emotional support.

  • Initiate: "I have something important to discuss with you regarding your care." Set a collaborative tone.
  • State the Error & Apologize: Use direct language. "An error occurred, and I am truly sorry that this happened to you." A sincere apology is not an admission of legal liability.
  • Explain & Listen:
    • Provide a factual account of what is known, without speculating or blaming others.
    • Actively listen to the patient's feelings and questions without defensiveness.
  • Outline Next Steps:
    • Describe the plan to mitigate harm and manage clinical consequences.
    • Explain what will be done to prevent recurrence.

Doctor comforting patient, showing empathy

⭐ Many states have "Apology Laws." These statutes often make expressions of sympathy or apology inadmissible as evidence of liability in a malpractice lawsuit, encouraging open communication.

  • Apology Statutes ("I'm Sorry" Laws): State-level evidentiary rules that make expressions of sympathy or apology inadmissible as proof of liability in a malpractice lawsuit.

    • Goal: To encourage candid communication and disclosure of medical errors.
    • Key Distinction: Protection varies; some states protect only sympathy (e.g., "I'm sorry you're in pain"), while others protect admissions of fault (e.g., "I'm sorry I made this error").
  • Federal Rule of Evidence 409: Similarly makes furnishing, promising, or offering to pay medical expenses inadmissible to prove liability.

⭐ State "Apology Laws" differ significantly. A "full apology" (admitting fault) may be admissible as evidence in some states, whereas a "partial apology" (expressing sympathy) is more broadly protected. Always know your local state law.

US Map: State Apology Laws for Medical Error Disclosure

  • Full disclosure of medical errors is an ethical obligation, regardless of the level of harm.
  • The discussion should include an explicit statement that an error occurred and a sincere apology.
  • Provide a clear, jargon-free explanation of what happened and its potential consequences.
  • Outline the steps being taken to mitigate harm and prevent future recurrences.
  • Never blame other individuals or system factors; maintain institutional responsibility.
  • Prompt, empathetic disclosure may decrease the likelihood of a malpractice lawsuit.

Practice Questions: Medical error disclosure

Test your understanding with these related questions

A 68-year-old man comes to the physician for a follow-up examination, accompanied by his daughter. Two years ago, he was diagnosed with localized prostate cancer, for which he underwent radiation therapy. He moved to the area 1 month ago to be closer to his daughter but continues to live independently. He was recently diagnosed with osteoblastic metastases to the spine and is scheduled to initiate therapy next week. In private, the patient’s daughter says that he has been losing weight and wetting the bed, and she tearfully asks the physician if his prostate cancer has returned. She says that her father has not spoken with her about his health recently. The patient has previously expressed to the physician that he does not want his family members to know about his condition because they “would worry too much.” Which of the following initial statements by the physician is most appropriate?

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Flashcards: Medical error disclosure

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The Beers criteria are used to reduce potential inappropriate prescribing and harmful polypharmacy in the _____ population

TAP TO REVEAL ANSWER

The Beers criteria are used to reduce potential inappropriate prescribing and harmful polypharmacy in the _____ population

geriatric

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