Background
Many patients harmed by a medical error never learn of the error. Physicians have traditionally shied away from discussing errors with patients, in part due to fear of precipitating a malpractice lawsuit, but also due to embarrassment and discomfort with the disclosure process. However, attitudes have changed in recent years—most physicians in a 2006 survey had disclosed a serious error to a patient and agreed that such disclosure was warranted.
Surveys have helped to define the components of disclosure that matter most to patients. These include:
Source: Gallagher TH, Garbutt JM, Waterman AD, et al. Choosing your words carefully: how physicians would disclose harmful medical errors to patients. Arch Intern Med. 2006;166:1585-1593. [go to PubMed]
Accomplishing Full Disclosure
Increasing the amount and quality of error disclosure will require addressing physician discomfort with disclosure and fear of lawsuits. This may also require changes in how organizations approach error disclosure. Clinicians' fear regarding legal repercussions of error disclosure is not entirely unfounded, as a clinician's disclosure of an error may be admissible in a malpractice lawsuit. According to a 2008 survey, only eight states in the US explicitly prohibited "admissions of fault" from being used as evidence at trial (although the majority of states exclude "expressions of sympathy" from being admissible evidence). However, data does indicate that patients are less likely to consider filing suit if physicians apologize and fully disclose errors. Low disclosure rates also persist because few physicians have received formal training in how to discuss errors with patients, and given that the circumstances surrounding an error are invariably complex, physicians may be unclear about the amount of information that should be disclosed and how to explain the error to the patient. There is some evidence that formal training in error disclosure can improve physicians' comfort with the process.
When a patient is a victim of an error, hospitals have traditionally followed a "deny-and-defend" strategy, providing limited information to the patient and family and avoiding admissions of fault. This response has been criticized for its lack of patient-centeredness, and in response, some institutions have begun to implement "communication-and-response" strategies that emphasize early disclosure of adverse events and a more proactive approach to achieving an amicable resolution. The University of Michigan model—which includes full disclosure of adverse events, appropriate investigations, implementation of systems to avoid recurrences, and rapid apology and financial compensation when care is deemed unreasonable—has resulted in fewer malpractice lawsuits and lower litigation costs since implementation. A growing body of literature describes the regulatory, legal, and practical considerations with implementing these programs. Although communication and resolution programs are being more widely adopted, implementing such a process is quite complex, and several studies indicate that the error disclosure process must be handled thoughtfully and sensitively to avoid alienating patients and families.
Current Context
Disclosure of errors and adverse events is now endorsed by a broad array of organizations. Since 2001, the Joint Commission has required disclosure of unanticipated outcomes of care. In 2006, the National Quality Forumendorsed full disclosure of "serious unanticipated outcomes" as one of its 30 "safe practices" for health care. The disclosure safe practice includes standards for practitioners regarding the key components of disclosure. It also calls for health care organizations to create an environment conducive to disclosure by integrating risk management and patient safety activities and providing training and support for physicians.
As of April 2008, seven states (Nevada, Florida, New Jersey, Pennsylvania, Oregon, Vermont, and California) mandate disclosure of unanticipated outcomes, and 36 states have enacted laws that preclude some or all information contained in a practitioner's apology from being used in a malpractice lawsuit.
Many patients harmed by a medical error never learn of the error. Physicians have traditionally shied away from discussing errors with patients, in part due to fear of precipitating a malpractice lawsuit, but also due to embarrassment and discomfort with the disclosure process. However, attitudes have changed in recent years—most physicians in a 2006 survey had disclosed a serious error to a patient and agreed that such disclosure was warranted.
Surveys have helped to define the components of disclosure that matter most to patients. These include:
- Disclosure of all harmful errors
- An explanation as to why the error occurred
- How the error's effects will be minimized
- Steps the physician (and organization) will take to prevent recurrences
Source: Gallagher TH, Garbutt JM, Waterman AD, et al. Choosing your words carefully: how physicians would disclose harmful medical errors to patients. Arch Intern Med. 2006;166:1585-1593. [go to PubMed]
Accomplishing Full Disclosure
Increasing the amount and quality of error disclosure will require addressing physician discomfort with disclosure and fear of lawsuits. This may also require changes in how organizations approach error disclosure. Clinicians' fear regarding legal repercussions of error disclosure is not entirely unfounded, as a clinician's disclosure of an error may be admissible in a malpractice lawsuit. According to a 2008 survey, only eight states in the US explicitly prohibited "admissions of fault" from being used as evidence at trial (although the majority of states exclude "expressions of sympathy" from being admissible evidence). However, data does indicate that patients are less likely to consider filing suit if physicians apologize and fully disclose errors. Low disclosure rates also persist because few physicians have received formal training in how to discuss errors with patients, and given that the circumstances surrounding an error are invariably complex, physicians may be unclear about the amount of information that should be disclosed and how to explain the error to the patient. There is some evidence that formal training in error disclosure can improve physicians' comfort with the process.
When a patient is a victim of an error, hospitals have traditionally followed a "deny-and-defend" strategy, providing limited information to the patient and family and avoiding admissions of fault. This response has been criticized for its lack of patient-centeredness, and in response, some institutions have begun to implement "communication-and-response" strategies that emphasize early disclosure of adverse events and a more proactive approach to achieving an amicable resolution. The University of Michigan model—which includes full disclosure of adverse events, appropriate investigations, implementation of systems to avoid recurrences, and rapid apology and financial compensation when care is deemed unreasonable—has resulted in fewer malpractice lawsuits and lower litigation costs since implementation. A growing body of literature describes the regulatory, legal, and practical considerations with implementing these programs. Although communication and resolution programs are being more widely adopted, implementing such a process is quite complex, and several studies indicate that the error disclosure process must be handled thoughtfully and sensitively to avoid alienating patients and families.
Current Context
Disclosure of errors and adverse events is now endorsed by a broad array of organizations. Since 2001, the Joint Commission has required disclosure of unanticipated outcomes of care. In 2006, the National Quality Forumendorsed full disclosure of "serious unanticipated outcomes" as one of its 30 "safe practices" for health care. The disclosure safe practice includes standards for practitioners regarding the key components of disclosure. It also calls for health care organizations to create an environment conducive to disclosure by integrating risk management and patient safety activities and providing training and support for physicians.
As of April 2008, seven states (Nevada, Florida, New Jersey, Pennsylvania, Oregon, Vermont, and California) mandate disclosure of unanticipated outcomes, and 36 states have enacted laws that preclude some or all information contained in a practitioner's apology from being used in a malpractice lawsuit.
What's New in Error Disclosure on AHRQ PSNet
STUDY
Transparency when things go wrong: physician attitudes about reporting medical errors to patients, peers, and institutions.
Bell SK, White AA, Yi JC, Yi-Frazier JP, Gallagher TH. J Patient Saf. 2015 Feb 24; [Epub ahead of print].
NEWSPAPER/MAGAZINE ARTICLE
Why empathy may be the best risk management strategy.
Hertz BT. Med Econ. February 4, 2015.
STUDY
Error disclosure and family members' reactions: does the type of error really matter?
Leone D, Lamiani G, Vegni E, Larson S, Roter DL. Patient Educ Couns. 2015;98:446-452.
NEWSPAPER/MAGAZINE ARTICLE
Full disclosure of medical errors reduces malpractice claims and claim costs for health system.
Agency for Healthcare Research and Quality. Health Care Innovations Exchange. June 18, 2014.
BOOK/REPORT
Shining a Light: Safer Health Care Through Transparency.
Boston, MA: National Patient Safety Foundation Lucian Leape Institute; January 2015.
COMMENTARY
Should health care providers be forced to apologise after things go wrong?
McLennan S, Walker S, Rich LE. J Bioeth Inq. 2014;11:431-435.
STUDY
Explaining the unexplainable—the impact of physicians' attitude towards litigation on their incident disclosure behaviour.
Renkema E, Broekhuis MH, Ahaus K. J Eval Clin Pract. 2014;20:649-656.
Transparency when things go wrong: physician attitudes about reporting medical errors to patients, peers, and institutions.
Bell SK, White AA, Yi JC, Yi-Frazier JP, Gallagher TH. J Patient Saf. 2015 Feb 24; [Epub ahead of print].
Why empathy may be the best risk management strategy.
Hertz BT. Med Econ. February 4, 2015.
Error disclosure and family members' reactions: does the type of error really matter?
Leone D, Lamiani G, Vegni E, Larson S, Roter DL. Patient Educ Couns. 2015;98:446-452.
Full disclosure of medical errors reduces malpractice claims and claim costs for health system.
Agency for Healthcare Research and Quality. Health Care Innovations Exchange. June 18, 2014.
Shining a Light: Safer Health Care Through Transparency.
Boston, MA: National Patient Safety Foundation Lucian Leape Institute; January 2015.
Should health care providers be forced to apologise after things go wrong?
McLennan S, Walker S, Rich LE. J Bioeth Inq. 2014;11:431-435.
Explaining the unexplainable—the impact of physicians' attitude towards litigation on their incident disclosure behaviour.
Renkema E, Broekhuis MH, Ahaus K. J Eval Clin Pract. 2014;20:649-656.
Tough Call: Addressing Errors From Previous Providers.
William Martinez, MD, MS, and Gerald B. Hickson, MD. AHRQ WebM&M [serial online]. March 2014
Can Research Help Us Improve the Medical Liability System?.
Allen Kachalia, MD, JD. AHRQ WebM&M [serial online]. March 2012
Medication Reconciliation Pitfalls.
Robert J. Weber, PharmD, MS. AHRQ WebM&M [serial online]. February 2010
Disclosure of Medical Error.
Allen Kachalia, MD, JD. AHRQ WebM&M [serial online]. January 2009
In Conversation with…Thomas H. Gallagher, MD.
AHRQ WebM&M [serial online]. January 2009
Removing Insult from Injury—Disclosing Adverse Events.
Albert W. Wu, MD, MPH. AHRQ WebM&M [serial online]. Febuary 2006
The Wrong Shot: Error Disclosure.
Thomas H. Gallagher, MD; Wendy Levinson, MD. AHRQ WebM&M [serial online]. June 2004
William Martinez, MD, MS, and Gerald B. Hickson, MD. AHRQ WebM&M [serial online]. March 2014
Allen Kachalia, MD, JD. AHRQ WebM&M [serial online]. March 2012
Robert J. Weber, PharmD, MS. AHRQ WebM&M [serial online]. February 2010
Allen Kachalia, MD, JD. AHRQ WebM&M [serial online]. January 2009
AHRQ WebM&M [serial online]. January 2009
Albert W. Wu, MD, MPH. AHRQ WebM&M [serial online]. Febuary 2006
Thomas H. Gallagher, MD; Wendy Levinson, MD. AHRQ WebM&M [serial online]. June 2004
Cambridge, MA: CRICO/RMF; 2006.
Amori G. Chicago, IL: American Society for Healthcare Risk Management; 2006.
Communication-and-resolution programs: the challenges and lessons learned from six early adopters.Mello MM, Boothman RC, McDonald T, et al. Health Aff (Millwood). 2014;33:20-29.
Talking with patients about other clinicians' errors.Gallagher TH, Mello MM, Levinson W, et al. N Engl J Med. 2013;369:1752-1757.
Iedema R, Allen S, Britton K, et al. BMJ. 2011;343:d4423.
How does routine disclosure of medical error affect patients' propensity to sue and their assessment of provider quality?: Evidence from survey data.Helmchen LA, Richards MR, McDonald TB. Med Care. 2010;48:955-961.
Liability claims and costs before and after implementation of a medical error disclosure program.Kachalia A, Kaufman SR, Boothman R, et al. Ann Intern Med. 2010;153:213-221.
McDonnell WM, Guenther E. Ann Intern Med. 2008;149:811-815.
The many faces of error disclosure: a common set of elements and a definition.Fein SP, Hilborne LH, Spiritus EM, et al. J Gen Intern Med. 2007;22:755-761.
Choosing your words carefully: how physicians would disclose harmful medical errors to patients.Gallagher TH, Garbutt JM, Waterman AD, et al. Arch Intern Med. 2006;166:1585-1593.
Does full disclosure of medical errors affect malpractice liability? The jury is still out.Kachalia A, Shojania KG, Hofer TP, Piotrowski M, Saint S. Jt Comm J Qual Saf. 2003;29:503-511.
Patients' and physicians' attitudes regarding the disclosure of medical errors.Gallagher TH, Waterman AD, Ebers AG, Fraser VJ, Levinson W. JAMA. 2003;289:1001-1007.
To tell the truth: ethical and practical issues in disclosing medical mistakes to patients.Wu AW, Cavanaugh TA, McPhee SJ, Lo B, Micco GP. J Gen Intern Med. 1997;12:770-775.
Chen PW. New York Times. August 19, 2010.
The Sorry Works! Coalition, PO Box 531, Glen Carbon, IL 62034.
National Patient Safety Agency.
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