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. Although it was long assumed that disclosure of errors increased the chances of being sued, an oft-cited study showed that patients are less likely to consider filing suit if physicians apologize and fully disclose errors. The impact of this finding, or disclosure policies in general, on malpractice lawsuits is not clear, although one study did find fewer lawsuits and lower legal costs at an institution that had implemented a full disclosure and compensation policy. A clinician's disclosure of an error may be admissible in a malpractice lawsuit. According to a 2008 survey, only eight US states 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.
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 as to how much information should be disclosed and how to explain the error to the patient. Recent guidelines have been formulated in an effort to assist physicians with this process.
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 Forum endorsed 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. Although it was long assumed that disclosure of errors increased the chances of being sued, an oft-cited study showed that patients are less likely to consider filing suit if physicians apologize and fully disclose errors. The impact of this finding, or disclosure policies in general, on malpractice lawsuits is not clear, although one study did find fewer lawsuits and lower legal costs at an institution that had implemented a full disclosure and compensation policy. A clinician's disclosure of an error may be admissible in a malpractice lawsuit. According to a 2008 survey, only eight US states 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.
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 as to how much information should be disclosed and how to explain the error to the patient. Recent guidelines have been formulated in an effort to assist physicians with this process.
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 Forum endorsed 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
NEWSPAPER/MAGAZINE ARTICLE
Apology laws: talking to patients about adverse events.
Beaulieu-Volk D. Medical Economics. June 10, 2014.
COMMENTARY
Physician assistants and the disclosure of medical error.
Brock DM, Quella A, Lipira L, Lu DW, Gallagher TH. Acad Med. 2014;89:858-862.
COMMENTARY
A cycle of redemption in a medical error disclosure and apology program.
Carmack HJ. Qual Health Res. 2014;24:860-869.
REVIEW
Discussing harm-causing errors with patients: an ethics primer for plastic surgeons.
Vercler CJ, Buchman SR, Chung KC. Ann Plast Surg. 2014 May 14; [Epub ahead of print].
NEWSPAPER/MAGAZINE ARTICLE
After a medical error, patients could become hospital insiders.
Clark C. HealthLeaders Media. May 22, 2014.
REVIEW
Disclosure of adverse events and errors in surgical care: challenges and strategies for improvement.
Lipira LE, Gallagher TH. World J Surg. 2014;38:1614-1621.
NEWSPAPER/MAGAZINE ARTICLE
When medical students make errors.
Khullar D. New York Times. May 15, 2014.
Apology laws: talking to patients about adverse events.
Beaulieu-Volk D. Medical Economics. June 10, 2014.
Physician assistants and the disclosure of medical error.
Brock DM, Quella A, Lipira L, Lu DW, Gallagher TH. Acad Med. 2014;89:858-862.
A cycle of redemption in a medical error disclosure and apology program.
Carmack HJ. Qual Health Res. 2014;24:860-869.
Discussing harm-causing errors with patients: an ethics primer for plastic surgeons.
Vercler CJ, Buchman SR, Chung KC. Ann Plast Surg. 2014 May 14; [Epub ahead of print].
After a medical error, patients could become hospital insiders.
Clark C. HealthLeaders Media. May 22, 2014.
Disclosure of adverse events and errors in surgical care: challenges and strategies for improvement.
Lipira LE, Gallagher TH. World J Surg. 2014;38:1614-1621.
When medical students make errors.
Khullar D. New York Times. May 15, 2014.
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
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
ECRI Institute. Healthcare Risk Control. 2008;(suppl A):1-21.
Fein SP, Hilborne LH, Spiritus EM, et al. J Gen Intern Med. 2007;22:755-761.
Gallagher TH, Waterman AD, Ebers AG, Fraser VJ, Levinson W. JAMA. 2003;289:1001-1007.
Gallagher TH, Garbutt JM, Waterman AD, et al. Arch Intern Med. 2006;166:1585-1593.
Wu AW, Cavanaugh TA, McPhee SJ, Lo B, Micco GP. J Gen Intern Med. 1997;12:770-775.
Kachalia A, Shojania KG, Hofer TP, Piotrowski M, Saint S. Jt Comm J Qual Saf. 2003;29:503-511.
McDonnell WM, Guenther E. Ann Intern Med. 2008;149:811-815.
Kachalia A, Kaufman SR, Boothman R, et al. Ann Intern Med. 2010;153:213-221.
Dudzinski DM, Hébert PC, Foglia MB, Gallagher TH. N Engl J Med. 2010;363:978-986.
Helmchen LA, Richards MR, McDonald TB. Med Care. 2010;48:955-961.
Iedema R, Allen S, Britton K, et al. BMJ. 2011;343:d4423.
Washington, DC: National Quality Forum; 2011. ISBN: 9780982842188.
Amori G. Chicago, IL: American Society for Healthcare Risk Management; 2006.
Cambridge, MA: CRICO/RMF; 2006.
The Sorry Works! Coalition, PO Box 531, Glen Carbon, IL 62034.
National Patient Safety Agency.
American College of Physician Executives.
Chen PW. New York Times. August 19, 2010.
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