Discerning complicated approach of ethics and professionalism in medicine can be difficult. It’s similarly challenging when clinicians have to navigate through clinical or relational situation and develop an understanding of ethical, legal and more issues.

The Case Files consist of carefully crafted cases designed to stimulate proper approach and decision-making process. Case 18 focuses on transparent and compassionate disclosure and apology, and recognizing emotional challenged clinicians may face after an adverse event.

Colorado Candor Act: ARTICLE 51 Communication and Resolution After an Adverse Health Care Incident (2019)

Physicians are urged to communicate more openly following medical errors, but little is known about pathologists’ attitudes about reporting errors to their institution and disclosing them to patients.The researchers of this article undertook a survey to characterize pathologists’ and laboratory medical directors’ attitudes and experience regarding the communication of errors with hospitals, treating physicians, and affected patients.

The importance of transparent and timely communication with patients following breakdowns in care is widely recognized. This article seeks to gain better understanding of breast cancer care providers’ attitudes regarding communicating with patients about diagnostic errors in order to inform interventions and to improve patient-provider discussions. Discussions focused on providers’ experiences with potential errors in breast cancer diagnosis, communication with patients following three hypothetical diagnostic vignettes, and suggestions for how and why diagnostic errors in breast cancer care should be communicated.
 

The study was conducted gain a better understanding about the attitudes and experiences of breast cancer providers regarding communicating with patients about diagnostic error.

Highlights:

1. Providers more willing to inform patients of a diagnostic error when they felt it would be helpful.
2. Providers willing to inform patients of diagnostic error when feeling responsible for the error.
3. Providers willing to inform patients of diagnostic error if less concerned about litigation.
4. Providers more willing to inform patients of a diagnostic error when the patient asked directly.

This letter to the Editors emphasizes the importance of CRPs in allowing hospitals to learn from all adverse events, even those that may not be traced by loss adjusters, and that the benefits of CRPs exceed their potential to mitigate economic burdens, even during the challenging time of COVID-19.

The Sweet Law Firm in Oklahoma City, one of the Collaborative for Accountability and Improvement’s partners in promoting the spread of CRPs, has developed a COVID-19 Consent for Treatment/Procedure/Surgery form.

2020-04-24 Proposed COVID-19 Consent Form (Final)

VitalTalk has released the COVID Ready Communication Skills resource to help healthcare professionals navigate COVID-19 related conversations with their patients and families.

VitalTalk is a Seattle based nonprofit organization that provides resources and training for health care clinicians in effective communication.

Crisis Standards of Care (CSC) was developed in 2009 by the Institute of Medicine in response to consecutive catastrophic disasters happening around the world. The report provides a framework for a systems approach to the development and implementation of CSC plan that should apply in disaster or crisis situations. It was designed to help state and local public health officials and health-sector agencies and institutions operationalize CSC.

Institute of Medicine; Board on Health Sciences Policy; Committee on Guidance for Establishing Standards of Care for Use in Disaster Situations; Dan Hanfling, Bruce M. Altevogt, Kristin Viswanathan, and Lawrence O. Gostin, Editors

Researchers reviewed patterns in healthcare policies and trends in five countries (the United States, the United Kingdom, New Zealand, Australia, and Canada) with histories of disclosing adverse incidents to patients. The researchers wanted to analyze the barriers that prevent healthcare providers and institutions from disclosing adverse events to their patients. They concluded that some barriers included difficulties with liability fees, patients’ beliefs on safety in the healthcare setting, and implementing policy changes on a large-scale. Effective ways to combat these challenges include carrying out a long-term program that involves educating patients and healthcare workers about safety.

Greater openness with patients about harmful errors is recommended. Many ethicists and professional organizations endorse disclosure of harmful errors to patients.The Joint Commission’s accreditation standards now require that patients be informed about unanticipated outcomes. In response, many hospitals are developing disclosure programs. Yet, recent studies suggest that disclosure of harmful medical errors to patients is the exception
rather than the rule. This article explores radiologists’ attitudes about disclosing errors to patients by using a survey with a vignette involving an error interpreting a patient’s mammogram, leading to a delayed cancer diagnosis.

Medical errors are unfortunately common. In the United States, Institute of Medicine proposed a set of guidelines for mitigating and disclosing errors. In order to implement these recommendations in pathology, it will require a better understanding of how errors occur in pathology, the relationship between pathologists and treating clinicians in reducing error, and pathologists’ experiences with and attitudes toward disclosure of medical error.This article aims to understand pathologists’ attitudes toward disclosing pathology error to treating clinicians and patients.

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 video focuses on principles and skills for effective disclosure conversations, especially around delayed cancer diagnosis, and includes a case example.

A short video of Dr. Shapiro speaking on disclosure of medical error to patients and families. This video is part of “Choosing Wisdom: The Path Through Adversity” documentary.

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

Many organizations have struggled to implement CRP models smoothly. The study looks at factors that accounts for the success of two Massachusetts hospital system in implementing a CRP with high conformity to protocol without raising liability costs. Identified factors include: support of top institutional leaders, heavy investments in educating physicians about the programme, active cultivation of the relationship between hospital risk managers.

Abstract

Radiology’s leaders in peer review, patient-centered care, quality and safety, legal affairs, and institutional processes can help prepare radiologists to communicate openly with patients and families about errors by spearheading dialog within the profession regarding how best to implement this emerging practice standard.

Momentum has grown around turning the principle of being transparent with patients about harmful errors into practice. Most radiologists remain profoundly uncomfortable with the prospect of talking with patients about errors. This article describes recent developments driving widespread disclosure and apology efforts in the United States and looks at encouraging radiologists to prepare to discuss errors directly with patients.

The video includes three scenarios to demonstrate how different approaches to disclosure can have an effect on the course of communication with a patient’s loved one.

Disclosure Scenarios:

1. Disclosure with No Apology
2. Disclosure with Apology of Sympathy
3. Disclosure with Apology or Responsibility

This guide for Getting Started with a CRP Policy or Commitment Statement outlines key elements and suggestions for developing an institutional CRP policy or commitment statement. It was developed by members of CAI’s Policy Committee in partnership with patient and family advocates.

Iowa’s Candor Statute – Iowa Code §135P (2017)

The Policy Committee works to educate and engage various groups on how to support CRP at the institutional, state, and federal level. This past year, the committee reached out to the National Practitioner Data Bank (NPDB) and to the Centers for Medicare & Medicaid Services (CMS).

The letter to NPDB is part of a continued conversation about efforts to expand alternatives to medical liability litigation.

The letter to CMS illustrates how CRPs are consistent with the principles of Person and Family Engagement.

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.

MA 2012 Payment Reform Legislation (Ch 224) – Key Liability Provisions

The video demonstrates how medical professionals can talk about medical errors with the care team, patients and their families. It includes two disclosure scenarios and didactic lecture on disclosure.

Key points:

1. common emotional response
2. preparing for the conversation
3. the initial conversation
4. avoiding common mistakes
5. physician support

Oregon Resolution of Adverse Health Care Incidents Act (2013)

The COVID-19 pandemic has exacerbated well understood challenges that exist in our sophisticated health systems. This article discusses how to apply a human factors approach to best respond to the many unprecedented challenges that have been brought about by the COVID-19 pandemic to the healthcare system.