Emerging Med-Mal Strategy: 'I'm Sorry' July 24, 2006

[IGBT]

Text


Doctors' apologies for medical mistakes may not be a cure-all for litigation, but explaining unforeseen outcomes and making early settlement offers have proven effective, say lawyers who have participated in the process in the last decade.

The concept is called "full disclosure/early offer," and it's spreading.

The U.S. Department of Veterans Affairs' Veterans Health Administration -- as well as a number of hospital systems and insurers across the nation -- are among the entities that have adopted variations of the policy.

Two states -- Illinois and Vermont -- have recently passed legislation providing for pilot programs to test the efficacy of full disclosure/early offer policies. Tennessee, Texas and New Jersey may soon follow.

The concept also is being promoted as a solution to the national debate over medical liability between tort reformers who would create an administrative system of "health courts" and the plaintiffs' bar and its supporters.

U.S. senators Hillary Rodham Clinton, D-N.Y., and Barack Obama, D-Ill., are currently sponsoring the National Medical Error Disclosure and Compensation (MEDiC) bill, a national version of the full disclosure/early offer policy.

 

[brxndxn]

It sounds good from the description.. but if Hillary is supporting it, then there's gotta be something horribly wrong with it.

IMO, they should pass laws to put hospitals more in the range of other 'precise' businesses like engineering contractors. I swear.. if an engineering contractor makes any mistake - no matter how small, the contractor automatically eats the cost to repair. Hospitals make mistakes and STILL charge the patients for their own mistakes.

My buddy, who had Pancreatitis, spent 14 days in the hospital. The idea that there would be one medical mistake per day held true. One day, he woke up to nurses sticking multiple nicotene patches on him - though he didn't smoke. Another day, they gave him an extra IV even though he already had one - they just didn't realize the previous one was on his upper arm.. Then they said, 'oops' and removed it. Oh well.. just another needle scar on the arm. They gave him medication combined with other medication that made him hallucinate - he freaked out and had to be strapped down. There was some other stuff averaging about one mistake a day for all 14 days he was there..

 

[IGBT]

Originally posted by: brxndxn
It sounds good from the description.. but if Hillary is supporting it, then there's gotta be something horribly wrong with it.

IMO, they should pass laws to put hospitals more in the range of other 'precise' businesses like engineering contractors. I swear.. if an engineering contractor makes any mistake - no matter how small, the contractor automatically eats the cost to repair. Hospitals make mistakes and STILL charge the patients for their own mistakes.

My buddy, who had Pancreatitis, spent 14 days in the hospital. The idea that there would be one medical mistake per day held true. One day, he woke up to nurses sticking multiple nicotene patches on him - though he didn't smoke. Another day, they gave him an extra IV even though he already had one - they just didn't realize the previous one was on his upper arm.. Then they said, 'oops' and removed it. Oh well.. just another needle scar on the arm. They gave him medication combined with other medication that made him hallucinate - he freaked out and had to be strapped down. There was some other stuff averaging about one mistake a day for all 14 days he was there..

..if you go into the hosp. you really need a family member or friend to assume the role of advocate and keep an eye on what's going on. In too many cases hospital workers are just going thru the motions of work and marking time. Their job has become routine resulting in complaency and mistakes.

 

[Fenixgoon]

also remember that people in hospitals are often overworked... we're still facing a shortage of nurses, if i'm not mistaken.

 

[TraumaRN]

Originally posted by: Fenixgoon
also remember that people in hospitals are often overworked... we're still facing a shortage of nurses, if i'm not mistaken.

Yes sir....thats why i consistently have worked crazy hours. This week alone 60 hours in 8 days. And I only work 6 of those 8 days! Get us some friggin backup first. Also electronic medical records are a GODSEND. Our medication errors have plummeted because of that.

And for the record my hospital does offer a money back policy if we screw up. But it's only $100.....but hey it's something.


And also consider human building are not buildings, and situations in hospitals are more dynamic than most people can ever imagine. And while mistakes are regrettable they happen. Making the hospital recoup the entire cost of a mistake would put every hospital in the nation out of business.

 

[RichardE]

Originally posted by: DeathBUA

Originally posted by: Fenixgoon
also remember that people in hospitals are often overworked... we're still facing a shortage of nurses, if i'm not mistaken.

Yes sir....thats why i consistently have worked crazy hours. This week alone 60 hours in 8 days. And I only work 6 of those 8 days! Get us some friggin backup first. Also electronic medical records are a GODSEND. Our medication errors have plummeted because of that.

And for the record my hospital does offer a money back policy if we screw up. But it's only $100.....but hey it's something.


And also consider human building are not buildings, and situations in hospitals are more dynamic than most people can ever imagine. And while mistakes are regrettable they happen. Making the hospital recoup the entire cost of a mistake would put every hospital in the nation out of business.

I would think it would actually cut down on the amount of mistakes. Since no hospital wishes to go out of business.

 

[TraumaRN]

Originally posted by: RichardE

Originally posted by: DeathBUA

Originally posted by: Fenixgoon
also remember that people in hospitals are often overworked... we're still facing a shortage of nurses, if i'm not mistaken.

Yes sir....thats why i consistently have worked crazy hours. This week alone 60 hours in 8 days. And I only work 6 of those 8 days! Get us some friggin backup first. Also electronic medical records are a GODSEND. Our medication errors have plummeted because of that.

And for the record my hospital does offer a money back policy if we screw up. But it's only $100.....but hey it's something.


And also consider human building are not buildings, and situations in hospitals are more dynamic than most people can ever imagine. And while mistakes are regrettable they happen. Making the hospital recoup the entire cost of a mistake would put every hospital in the nation out of business.

I would think it would actually cut down on the amount of mistakes. Since no hospital wishes to go out of business.

But you cant cut down on mistakes that you dont know are going to happen. Such is the way it is when you treat human beings. It's not as easy as some people wish or think. The problem is hugely complex. The easiest way to lower mistakes tho is through technology and removing the human being from the loop.

 

[RichardE]

Originally posted by: DeathBUA

Originally posted by: RichardE

Originally posted by: DeathBUA

Originally posted by: Fenixgoon
also remember that people in hospitals are often overworked... we're still facing a shortage of nurses, if i'm not mistaken.

Yes sir....thats why i consistently have worked crazy hours. This week alone 60 hours in 8 days. And I only work 6 of those 8 days! Get us some friggin backup first. Also electronic medical records are a GODSEND. Our medication errors have plummeted because of that.

And for the record my hospital does offer a money back policy if we screw up. But it's only $100.....but hey it's something.


And also consider human building are not buildings, and situations in hospitals are more dynamic than most people can ever imagine. And while mistakes are regrettable they happen. Making the hospital recoup the entire cost of a mistake would put every hospital in the nation out of business.

I would think it would actually cut down on the amount of mistakes. Since no hospital wishes to go out of business.

But you cant cut down on mistakes that you dont know are going to happen. Such is the way it is when you treat human beings. It's not as easy as some people wish or think. The problem is hugely complex. The easiest way to lower mistakes tho is through technology and removing the human being from the loop.

I think the digital will help alot with mistakes though. From friends going through interships, the ones who have worked at 2 hospitals, 1 paper, 1 digital tell me the difference is like night and day.

 

[TraumaRN]

Originally posted by: RichardE

Originally posted by: DeathBUA

Originally posted by: RichardE

Originally posted by: DeathBUA

Originally posted by: Fenixgoon
also remember that people in hospitals are often overworked... we're still facing a shortage of nurses, if i'm not mistaken.

Yes sir....thats why i consistently have worked crazy hours. This week alone 60 hours in 8 days. And I only work 6 of those 8 days! Get us some friggin backup first. Also electronic medical records are a GODSEND. Our medication errors have plummeted because of that.

And for the record my hospital does offer a money back policy if we screw up. But it's only $100.....but hey it's something.


And also consider human building are not buildings, and situations in hospitals are more dynamic than most people can ever imagine. And while mistakes are regrettable they happen. Making the hospital recoup the entire cost of a mistake would put every hospital in the nation out of business.

I would think it would actually cut down on the amount of mistakes. Since no hospital wishes to go out of business.

But you cant cut down on mistakes that you dont know are going to happen. Such is the way it is when you treat human beings. It's not as easy as some people wish or think. The problem is hugely complex. The easiest way to lower mistakes tho is through technology and removing the human being from the loop.

I think the digital will help alot with mistakes though. From friends going through interships, the ones who have worked at 2 hospitals, 1 paper, 1 digital tell me the difference is like night and day.

I work at a digital hospital. And the difference is night and day. While the digital system has it's quirks, it's faster more efficient and generally just all around better. PLus you have information on your patient 24/7/365 as long as you have a computer with the base program(Citrix/Cerner in my hospitals case) and an internet connection.

 

[Aquila76]

Originally posted by: DeathBUA
... This week alone 60 hours in 8 days. ...

Yet another error in medicine.

 

[TraumaRN]

Originally posted by: Aquila76

Originally posted by: DeathBUA
... This week alone 60 hours in 8 days. ...

Yet another error in medicine.

Ya well point being thats alot of hours and it's been that way since april 48-60 hour weeks

 

[Aquila76]

Originally posted by: DeathBUA

Originally posted by: Aquila76

Originally posted by: DeathBUA
... This week alone 60 hours in 8 days. ...

Yet another error in medicine.

Ya well point being thats alot of hours and it's been that way since april 48-60 hour weeks

I was just busting yer balls, bud. I fully appreciate the time and dedication many in the medical field have towards their patients and work.
My GI doctor actually calls ME sometimes to check on how my Crohn's is doing. He's the Chief of GI and usually the on-call / consulting dcotor as well. Busy as ridiculous, but he still takes time out for his patients.

 

[dethman]

Originally posted by: DeathBUA

Originally posted by: Fenixgoon
also remember that people in hospitals are often overworked... we're still facing a shortage of nurses, if i'm not mistaken.

Yes sir....thats why i consistently have worked crazy hours. This week alone 60 hours in 8 days. And I only work 6 of those 8 days!

60 hours? please. try being a resident. i wish i only worked 60 hours this week. it was more around 100. in seven days not eight. two 30-hour calls and 3 12-hour work days in our MICU.

 

[Slew Foot]

Originally posted by: dethman

Originally posted by: DeathBUA

Originally posted by: Fenixgoon
also remember that people in hospitals are often overworked... we're still facing a shortage of nurses, if i'm not mistaken.

Yes sir....thats why i consistently have worked crazy hours. This week alone 60 hours in 8 days. And I only work 6 of those 8 days!

60 hours? please. try being a resident. i wish i only worked 60 hours this week. it was more around 100. in seven days not eight. two 30-hour calls and 3 12-hour work days in our MICU.

Should have gone into Anesthesia