APRIL 2008
VOLUME 5 NO. 4

PATIENTS & PRACTICE

Docs urged to disclose errors to patients

New guidelines set agenda without legal reinforcement. Say sorry


'Sorry' isn't a word overheard very often in the wards of Canada's hospitals, says the head of the Canadian Patient Safety Institute (CPSI), Philip Hassen. But it should be.

A former hospital CEO, Mr Hassen has often seen patients injured by adverse events litigate simply because they weren't properly informed by doctors about what happened. So, on March 18, the CPSI launched the first-ever set of national guidelines instructing physicians on how to properly talk to patients and their families about adverse events.

Mr Hassen believes the document will ease the worries of caregivers stuck in an environment that doesn't allow them to express regret. "You're not seen as a good doctor if you say 'sorry'," he says. "Most hospitals don't want their employees to tell patients more than they have to. And the agenda has been: 'how do we minimize being called on mistakes?'"

NOT FAR ENOUGH
The guidelines suggest that a patient should be told as soon as possible after their medical care has been compromised, and that this should include a plan for follow-up treatment. Apologies should be made when they seem warranted after an investigation into the event.

There are those who believe the document doesn't go far enough. Richard Marks, a malpractice lawyer working in Ottawa, told Canwest News that he believes the guidelines should be made a legal obligation. "There's always a risk that a medical practitioner who has made a mistake is going to try to hide or is not going to make any effort to disclose it in order to protect their own interest," he said.

In turn, Doug Wojciezsak, author of the apology strategy book Sorry Works!, chastised the document in a press release for omitting the issue of compensation. "Canadians took a pass on this issue because even though healthcare is provided by the government, compensation for injured patients/families is not," he wrote. Mr Wojciezsak proposes hospitals approach their medical liability insurers with this question: "Would you be interested in partnering with us to develop a program which will reduce frequency and severity of claims while increasing patient safety?"

SMALL STEPS
Mr Wojciezsak did, however, compliment the guidelines as a good first step which may, with additional work, become a model for disclosure programs around the world.

Many provinces, including Alberta, BC and Nova Scotia, have already made efforts to promote disclosure by bringing out their own guidelines. Some of them have also gone the extra mile and legally protected apologies; in early February, Manitoba followed Saskatchewan and BC by ratifying its own Apology Act.

"What these guidelines try to do is give everyone a consistent framework to lay out policies," stresses Mr Hassen. "Caregivers want to do this and it engages the provinces in what needs to happen. Every physician and nurse is ethically bound to disclose. They should not be penalized for doing so. What we need is protection."

 

 

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