The authors discuss trends in the medical malpractice liability insurance market, consider the impacts COVID-19 has had, and suggest using a CRP approach during the pandemic to lessen the consequences of a hardening insurance market.

Background: The emotional impact of medical errors on patients may be long-lasting. Factors associated with prolonged emotional impacts are poorly understood.

Methods: The authors conducted a subanalysis of a 2017 survey (response rate 36.8% [2,536/6,891]) of US adults to assess emotional impact of medical error. Patients reporting a medical error were included if the error occurred ≥ 1 year prior. Duration of emotional impact was categorized into no/short-term impact (impact lasting < 1 month), prolonged impact (> 1 month), and especially prolonged impact (> 1 year). Based on their reported experience with communication about the error, patients’ experience was categorized as consistent with national disclosure guidelines, contrary to guidelines, mixed, or neither. Multinomial regression was used to examine associations between patient factors, event characteristics, and organizational communication with prolonged emotional impact (> 1 month, > 1 year).

Results: Of all survey respondents, 17.8% (451/2,536) reported an error occurring ≥ 1 year prior. Of these, 51.2% (231/451) reported prolonged/especially prolonged emotional impact (30.8% prolonged, 20.4% especially prolonged). Factors associated with prolonged emotional impact included female gender (adjusted odds ratio 2.1 [95% confidence interval 1.5–2.9]); low socioeconomic status (SES; 1.7 [1.1–2.7]); physical impact (7.3 [4.3–12.3]); no organizational disclosure and no patient/family error reporting (1.5 [1.03–2.3]); communication contrary to guidelines (4.0 [2.1–7.5]); and mixed communication (2.2 [1.3–3.7]). The same factors were significantly associated with especially prolonged emotional impact (female, 1.7 [1.2–2.5]; low SES, 2.2 [1.3–3.6]; physical impact, 6.8 [3.8–12.5]; no disclosure/reporting, 1.9 [1.2–3.2]; communication contrary to guidelines, 4.6 [2.2–9.4]; mixed communication, 2.1 [1.1–3.9]).

Conclusion: Prolonged emotional impact affected more than half of Americans self-reporting a medical error. Organizational failure to communicate according to disclosure guidelines after patient-perceived errors may exacerbate harm, particularly for patients at risk of health care disparities.

Communication-and-resolution programs (CRPs) aim to increase disclosure, learning, and responsibility following adverse medical incidents. The authors of this article identify five obstacles that prevent CRPs from being successful: 1) public policy, 2) compensation for patients following medical errors, 3) application fidelity, 4) evidence of CRPs increasing patient safety, and 5) alignment of CRP methods with patient needs. To increase the success of CRPs, it is recommended that they should be coupled with CRP quality programs. Overall, health institutions are advised to implement these programs into their systems to promote transparency and patient and family engagement.

This study analyzed if a communication-and-resolution program (CRP) was effective in lowering adverse events among patients with chest pain, as well as lowering medical costs. The study concluded that the implementation of the CRP was efficient, since it helped increase the number of chest pain diagnoses as well as significantly reduced associated health costs.

The Collaborative for Accountability and Improvement Program is currently based at the University of Washington. The goal of the Collaborative is to bring together leading experts to support the growth and spread of Communication and Resolution Programs (CRPs), advocate on behalf of these programs with a shared voice, and exchange ideas. CRPs drive quality improvement, enhance patient safety, and facilitate patient-centered accountability. This CRP (Communication and Resolution Program) brochure describes CRP Core Commitments, Key Steps in the CRP Process and Launching a CRP.

In communication-and-resolution programs (CRPs), health systems and liability insurers encourage the disclosure of unanticipated care outcomes to affected patients and proactively seek resolutions, including offering an apology, an explanation, and, where appropriate, reimbursement or compensation. Anecdotal reports from the University of Michigan Health System and other early adopters of CRPs suggest that these programs can substantially reduce liability costs and improve patient safety. In this study, CRP participants were interviewed. They identified several factors that contributed to their programs’ success, including the presence of a strong institutional champion and investing in building and marketing the program to skeptical clinicians.

This article explains how communication-and-resolution programs (CRPs) are successful in decreasing litigation fees and compensation that results from patient harm. However, the success of CRPs depends on patient satisfaction, making it necessary for healthcare professionals to focus on factors that increase this. Even though there is little evidence to support the idea that CRPs reduce adverse medical events that result in patient harm, these programs do have the potential to do so.

Despite the obvious need for open conversations with patients and their families following an adverse event, many organizations still lack the structure to support providers during this difficult time. In many cases, clinicians who have to disclose errors to patients and families fail due to lack of provider education and training, lack of confidence, fears of litigation and emotional distress.

The Ask-Tell-Ask Model focuses on successful disclosure coaching conversations. It includes:

1. Case Scenario
2. Key elements
3. Practical step-by-step strategies for disclosure coaching
4. Pedagogical model using the “Ask-Tell-Ask” approach
5. Organizational considerations for establishing a coaching program

This article dissects the meaning of “disclosure-and-resolution” programs, which call health organizations to disclose medical errors to patients and families involved; apologize; and offer compensation when necessary. Health systems that used approach found decreased litigation fees. Researchers analyzed surveys in which individuals used “disclosure-and-resolution programs where appropriate. They found that increasing compensation allowances following an adverse event did not improve results, nor did it decrease the likelihood of patients and families filing lawsuits following an adverse event. Thus, it is important for healthcare systems to remember that “disclosure-and-resolution” programs may help promote effective and honest communication between patients and families, but it does not decrease associated legal costs or the possibility of a lawsuit.

Early Discussion & Resolution (EDR) Conversation Guidance from Oregon Patient Safety Commission offers general guidance that can serve as a foundation in initiating conversations and follow ups.

An adverse event can gravely affect both patients and their families and providers. Having a conversation between healthcare providers and patients about the incident can bring resolution and closure.

Goals of EDR from Oregon Patient Safety Commission:

1. Prevent an unfortunate situation from escalating
2. Restore the keystone of healthcare—the provider-patient relationship
3. Bring greater peace of mind to everyone
4. Learn from events to improve patient safety

Communication-and-resolution programs (CRPs) are implemented in hospitals to increase patient safety and effective communication between healthcare providers following patient injury. CRPs act as a guide for hospitals to disclose information to patients after medical injury, ways to efficiently investigate the incident, and how to take accountability for the event and offer compensation when appropriate. In this study, the authors analyzed the effectiveness of CRPs in reducing patient harm four Massachusetts health systems. The authors found that CRP implementation were correlated with decreased litigation fees, but they did not alter any other pertinent outcomes, such as reducing patient harm and increasing transparent communication.

The Agency for Healthcare Research and Quality (AHRQ) published the Communication and Optimal Resolution toolkit, which is a guide for the implementation of communication-and-resolution programs (CRPs). These are holistic and systematic methods for preventing and responding to adverse medical events involving patients. The toolkit also guides on how to promote sincere communication between patients, families and the healthcare team; appropriate financial compensation; and efficient ways to decrease future adverse medical events. The authors describe their personal experiences with applying CRPs in their medical practices in more than 200 hospitals. From their experiences, the authors describe the obstacles that prevented the success of CRP implementation, as well as how they overcame them.

Researchers studied the factors that encourage and hinder reconciliation after an adverse patient incident occurs. They also discuss recommendations for health systems to follow to approach malpractice legal cases. It was concluded that healthcare organizations should not follow a “one size fits all” approach to all adverse events that compromise patients safety. Rather, they should be flexible when approaching them so they can follow guidelines that promote the best-practice policies for patient safety and exceptional healthcare.

Communication-and-resolution programs (CRPs) are a systematic response to address adverse medical events, as well as to promote patient safety and healthcare quality. In this study, researchers analyzed the effectiveness of implementing the Communication and Optimal Resolution, a CRP, at MedStar Health, an American community health organization. Researchers found that this program was effective in increasing the number of incident reports, as well as decreased the number of adverse events associated with lawsuits.

In an era of calls for greater transparency in health care, disclosure is often cited as a practice necessary to physician ethics and patient safety. The University of Michigan Health System (UMHS) experience demonstrates that disclosure with offer can be conducted—in a setting similar to many other centers in the United States—without exacerbating liability costs. UW Medicine hope that this study will encourage further disclosure efforts, as well as the detailed evaluation of their effects.

Researchers of this article studied the long-term impacts (LTIs) of medically adverse events on families and patients years after they occurred. They found that the four main LTIs were 1) prolonged financial effects, 2) continuous anger and vivid recollections of the event, 3) changes in self-identity and health behaviors, and 4) chronic physical effects. The findings of this report emphasize the need for future research focusing on ways to help families and patients dealing with the effects of adverse health events.

Inconsistent CRP implementation and focus on claims savings rather than nurturing a culture of accountability results to missed opportunities for improving quality and safety. The article includes four suggested strategies for implementing and spreading authentic CRPs.

Communication-and-resolution programs (CRPs) help healthcare providers and insurers effectively communication with patients when  medically adverse event occurs, as well as offer the necessary steps to take to give compensation. Researchers examined the effectiveness of CRP implementation in two Massachusetts hospitals. They concluded that, when the hospitals followed the CRP protocols, there were no drastic increases in liability fees associated with adverse health outcomes. Thus, CRPs helped these hospitals proactively handle adverse incidents and any related litigation fees.

The purpose of this study was to examine the experiences of families and patients with medically adverse incidents, as well as to understand how different healthcare organizations respond to these events. Researchers found that, following adverse events, patient satisfaction was at its peak when communication was compassionate and included discussion of compensation. Satisfaction was also at its highest when physicians attentively listened to patients without interjecting during the conversation.

This article discusses the importance for healthcare organizations to understand the patient’s perspective after they received disclosure following an adverse medical event, because it could help them develop more effective communication methods. Researchers found that patients preferred it when healthcare systems disclosed adverse events to them. They also found that these systems should implement policies that promote disclosure between patients and physicians.

This article delves into the burnout epidemic plaguing physicians. The epidemic is caused by prolonged work hours, lack of resources, and demanding documentation. The burnout is also caused by emotionally stressing factors, such as those related to medically adverse incidents. To combat this epidemic, researchers of this article advocate for healthcare organizations to implement support systems that aid physicians’ well-being. In this study, the authors analyzed the effectiveness of a physician peer-support program in the Center for Professionalism and Peer Support at Brigham and Women’s Hospital. They found that this program used various techniques to promote physicians’ well-being, such as engaging in attentive listening and reflection to cope with stress in the workplace.

The purpose of this study was to identify certain communication behaviors linked with poor healthcare practice history in medical professionals. Researchers identified specific communication acts correlated with fewer malpractice allegations for physicians. Effective communication behaviors included utilizing humor and encouraging patients to express their opinions. Physicians can use these results to not only increase effective communication with their patients but to also decrease the risk of misbehavior and carelessness in the healthcare setting.

The authors of this article analyzed the importance of developing a support system for physicians so they can effectively cope with stress in the workplace, especially following an adverse medical event. Researchers found that peer support groups are one of the most effective support systems for physicians.

Root cause analysis (RCA) is a systematic method used to analyze adverse incidents, especially in the healthcare setting. This approach identified both active and latent errors that contribute to adverse incidents. Active errors occur between humans and the system, while latent errors are known as the hidden issues in a healthcare system. An important principle of RCA is to recognize the source of problems that contribute the increased risk of medical errors, while not concentrating on individual mishaps as the sole cause of the issue.

The National Patient Safety Foundation (NPSF) published this report on root cause analyses and actions (“RCA2”), which are programs aimed to reduce the risk of adverse medical events and instead increase effective measures to reduce them in the future. This report illustrates strategies that healthcare organizations can utilize when implementing RCA2 programs in the workplace. This report also details specific strategies that help healthcare organizations identify the faults and hazards in their systems that increase the risk of adverse medical outcomes, as well as how to take active and positive steps to prevent them from happening in the future.

This white paper introduces an overall approach and tools designed to support two processes: the proactive preparation of a plan for managing serious clinical adverse events, and the reactive emergency response of an organization that has no such plan.

Every day, clinical adverse events occur within our health care system, causing physical and psychological harm to one or more patients, their families, staff (including medical staff), the community, and the organization. In the crisis that often emerges, what differentiates organizations, positively or negatively, is their culture of safety, the role of the board of trustees and executive leadership, advanced planning for such an event, the balanced prioritization of the needs of the patient and family, staff, and organization, and how actions immediately and over time bring empathy, support, resolution, learning, and improvement. The risks of not responding to these adverse events in a timely and effective manner are significant, and include loss of trust, absence of healing, no learning and improvement, the sending of mixed messages about what is really important to the organization, increased likelihood of regulatory action or lawsuits, and challenges by the media.

The paper includes three tools for leaders (as appendices) — a Checklist, a Work Plan, and a Disclosure Culture Assessment Tool — and numerous resources to guide practice. The three tools are also included below as individual documents for ease of use.

The 2011 (second edition) update reflects a number of suggested improvements and clarifications, including new content on reimbursement and compensation as part of any discussion of disclosure and resolution, and disclosure of errors that have occurred at another institution, among other updates. Additional citations, resources, and examples from organizations mounting effective crisis responses are also included.

In this New England Journal of Medicine Perspective, Thomas H. Gallagher, M.D., and Allen Kachalia, M.D., J.D explore how in the modern ethical paradigm, any time harm occurs, clinicians and healthcare organizations are accountable for minimizing suffering and promoting learning, and why doing so is especially challenging when the harm was due to an error.

Sidney Dekker, the author of Second Victim: Error, Guilt, Trauma, and Resilience, discusses how healthcare professionals are considered second victims in medical mishaps, because of the trauma and guilt they experience int the wake of these incidents. In his book, Dekker details efficient ways to investigate medically adverse events so that healthcare professionals do not feel neglected or more guilty in the process. Dekker also emphasizes the importance of having support systems in healthcare settings for second victims.

The NPSF Lucian Leape Institute Roundtable on Transparency published “Shining a Light: Safer Healthcare Through Transparency,” a report focused on being honest in four healthcare settings: between healthcare workers and patients; between healthcare professionals and the institutions; between institutions; and between institutions and the greater public. Transparency is defined as “the free flow of information that is open to the scrutiny of others,” and it is related with better healthcare outcomes, decreased rates of medical mishaps, lower healthcare costs, and increased rates of patient satisfaction.

This article describes recommendations that extend existing guidelines for clinicians and institutions on communicating with patients about colleagues’ harmful errors.