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After Patient Ms. W received surgery on the wrong-site in her neck to relieve neck pain, she soon experienced adverse health effects, such as pain, distress, and lack of trust in healthcare providers. Ms. W’s experience illustrates the lack of communication between physicians and patients. The discrepancy is poor physician communication and refusal of apologizing for malpractice is due to fear of litigation. To improve patient-physician communication, health systems are encouraged to implement programs that encourage disclosure among healthcare professionals and trainees to improve overall healthcare quality.


The root causes of medical malpractice claims are deeper and closer to home than most in the medical community care to admit. The University of Michigan Health System’s experience suggests that a response by the medical community more directly aimed at what drives patients to call lawyers would effectively reduce claims, without compromising meritorious defenses. More importantly, honest assessments of medical care give rise to clinical improvements that reduce patient injuries. Using a true case example, this article compares the traditional approach to claims with what is being done at the University of Michigan. The case example illustrates how an honest, principle-driven approach to claims is better for all those involved—the patient, the healthcare providers, the institution, future patients, and even the lawyers.


Incident reporting systems (IRS) are used to identify medical errors in order to learn from mistakes and improve patient safety in hospitals. However, IRS contain only a small fraction of occurring incidents. A more comprehensive overview of medical error in hospitals may be obtained by combining information from multiple sources. The WHO has developed the International Classification for Patient Safety (ICPS) in order to enable comparison of incident reports from different sources and institutions. Incident reports collected from IRS, patient complaints and retrospective chart review in an academic acute care hospital were classified using the ICPS. In conclusion, IRS do not capture all incidents in hospitals and should be combined with complementary information about diagnostic error and delayed treatment from patient complaints and retrospective chart review. Since incidents that are not recorded in IRS do not lead to remedial and preventive action in response to IRS reports, healthcare centres that have access to different incident detection methods should harness information from all sources to improve patient safety.

 


The nature and consequences of patient and family emotional harm stemming from preventable medical error, such as losing a loved one or surviving serious medical injury, is poorly understood. Patients and families, clinicians, social scientists, lawyers, and foundation/policy leaders were brought together to establish research priorities for this issue during a one-day conference. They discussed pertinent issues, patient and family experiences after serious harmful events, including profound isolation, psychological distress, damaging aspects of medical culture, health care aversion, and negative effects on communities. The group also created a strategy for overcoming research barriers and actionable “Do Now” approaches to improve the patient and family experience while research is ongoing.


Tool/Toolkit
CRP resource or tool (e.g. CANDOR)
A Roadmap for Patients and Families in the Center of Healthcare

The Roadmap for Patient and Family Engagement in Healthcare Practice and Research was created as a call to action for anyone interested in advancing work related to patient and family engagement. It includes eight change strategies and five simple actions to increase patient and family involvement in the improvement and implementation of extraordinary healthcare.

 


This article discusses the negative connotations that surround the term “second victim,” which is used to describe healthcare providers following their involvement in a adverse medical incident. Authors of this article persuade people to stop using this term, since it discourages healthcare providers from taking responsibility for their actions, as well as undermines the patient’s feelings and situation.


This article discusses the prevalence of disruptive behavior in the healthcare setting, which is defined as any act that influences a group’s intended outcome. Disruptive behavior often takes the form of angry outbursts and passive aggressive actions, especially in extremely stressful environments, such as emergency rooms. This behavior is often detrimental to the culture of safety and quality healthcare, as well as increases the risk of lawsuits. To combat disruptive behavior, five principles are are offered as guides to promoting professionalism and professional accountability in support of quality team-oriented care, patient safety and, if necessary, legal defense if disruptive colleagues challenge disciplinary interventions. 


Institution/Organization/Business
Reference to primary CRP related organization (e.g. CAI website)
Web resource/Digital Article
General website that contains CRP related information, may be non-specific or general or mixed resources on a website. Article published on-line. Not available as paper version.
Agency for Healthcare Research and Quality (AHRQ)

The Agency for Healthcare Research and Quality (AHRQ) is the lead Federal agency charged with improving the safety and quality of America’s health care system. AHRQ develops the knowledge, tools, and data needed to improve the health care system and help Americans, health care professionals, and policymakers make informed health decisions.


Web resource/Digital Article
General website that contains CRP related information, may be non-specific or general or mixed resources on a website. Article published on-line. Not available as paper version.
Agency for Healthcare Research and Quality (AHRQ) Primer: Patient Safety Event Reporting

Incident reporting is the most common method used to promote patient safety in healthcare settings. This method requires those involved in the event go complete an incident form, which is a detailed summary of the occurrence. There are key components that make incident reporting systems effective and successful. To be successful, the incidence form should be submitted in a timely manner and be disseminated among an array of healthcare professionals.


Web resource/Digital Article
General website that contains CRP related information, may be non-specific or general or mixed resources on a website. Article published on-line. Not available as paper version.
Agency for Healthcare Research and Quality (AHRQ): Advances in Patient Safety

Advances in Patient Safety: From Research to Implementation describes what federally funded programs have accomplished in understanding medical errors and implementing programs to improve patient safety over the last five years. This compendium is sponsored jointly by the Agency for Healthcare Research and Quality (AHRQ) and the Department of Defense (DoD)-Health Affairs. The 140 articles in the 4-volume set cover a wide range of research paradigms, clinical settings, and patient populations. Where the research is complete, the findings are presented; where the research is still in process, the articles report on its progress. In addition to articles with a research and methodological focus, the compendium includes articles that address implementation issues or present useful tools and products that can be used to improve patient safety.


The Agency for Healthcare Research and Quality (AHQR) developed the CANDOR (Communication and Optimal Resolution) Event Checklist, which is a guide to be used by the CANDOR team after an adverse event occurred in the healthcare setting. The checklist includes effective ways of reporting, assessing, investigating, and analyzing the adverse event to decrease the likelihood of future incidents occurring, as well as improving the overall quality of patient care and safety.


The CANDOR Event Review Report Template is a guide used to analyze and investigate barriers that contributed to an adverse health event. Barriers include poor communication behaviors, unsafe physical environment, inadequate care, and equipment device failure. This template also includes a guide to assess who was responsible for the adverse event, and ways to develop solutions for it so it.


Tool/Toolkit
CRP resource or tool (e.g. CANDOR)
Agency for Healthcare Research and Quality (AHRQ): CANDOR Toolkit

The Communication and Optimal Resolution (CANDOR) process is used  by health care institutions and practitioners to respond in a timely, thorough, and just way when unexpected events cause patient harm. The CANDOR toolkit contains eight different modules, which contain PowerPoint slides with facilitator notes, tools, resources, or videos. Examples of modules include “Care for the Caregiver” and “Organizational Learning and Stability.” These modules focus on effective ways to reduce patient harm and increase overall healthcare quality and safety through family and patient engagement, as well as specific ways to decrease the risk of future adverse outcomes.


The Guide to Patient and Family Engagement in Hospital Quality and Safety was developed by the for Healthcare Research and Quality (AHRQ) to encourage patient and family involvement in healthcare quality and safety. This guide includes four key methods as follows:

  • Encourage patients and family members to participate as advisers.
  • Promote better communication among patients, family members, and health care professionals from the point of admission.
  • Implement safe continuity of care by keeping the patient and family informed through nurse bedside change-of-shift reports.
  • Engage patients and families in discharge planning throughout the hospital stay.

Web resource/Digital Article
General website that contains CRP related information, may be non-specific or general or mixed resources on a website. Article published on-line. Not available as paper version.
American Medical Association: State medical liability reform

Read how the AMA pursues medical liability laws on the state level to reshape the current medical liability system to better serve both physicians and patients.


Video
CRP related video, movie
Annie’s Story

“Annie’s Story” is an example of how healthcare organizations seeking high reliability embrace a just culture in all they do. This includes a system’s approach to analyzing near misses and harm events—looking to analyze events without the knee-jerk blame and shame approach of old. This video specifically focused on Nurse Andrea’s personal experience with an adverse health event with a patient who underwent a hypoglycemic emergency due to a misreading of a glucometer. The video then details the steps she and the hospital took to prevent future adverse health events, as well as other ways to increase overall patient safety and quality.


Journal Article
Published articles related to CRP
Another Medical Malpractice Crisis? Try Something Different

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.


Learning Community
Resources associated with CAI Learning Community
Presentation/Webinar
Recorded webinars and presentations
Video
CRP related video, movie
APOLOGY AND DISCLOSURE GRAND ROUNDS — NWH

The Apology and Disclosure Grand Rounds NWH incorporates a video simulated error and a presentation about “When Things Go Wrong”. The presentation discusses disclosure coaching & peer support, the emotional impact of errors on clinicians, and principles for transparent & compassionate disclosure and apology.


Journal Article
Published articles related to CRP
Apology laws and malpractice liability: what have we learned?

39 states have apology laws, with over a third applying to healthcare or other contexts. After over a decade of experience with apology laws, the authors explore whether apology laws reduce malpractice liability risk and why, and whether there is a reason to have them.


Journal Article
Published articles related to CRP
Tool/Toolkit
CRP resource or tool (e.g. CANDOR)
Assessing patients’ experiences with medical injury reconciliation processes: item generation for a novel survey questionnaire

Background
Many health care organizations want to improve their responses to patients who suffer medical injuries. Their ability to understand how well they meet patients’ needs is limited by the lack of suitable instruments for assessing injured patients’ experiences.
Methods
This study aimed to generate items for a patient experience questionnaire that medical facilities can use to assess how well resolution met patients’ needs. The Medical Injury Reconciliation Experiences Survey (MIRES) was based on findings from previous studies of New Zealand and American patients’ experiences of non-litigation resolution of medical injuries. The researchers performed a content analysis of 24 transcripts from a stratified random sample of 92 interviews from the prior studies. Themes were extracted to develop a draft questionnaire, which was revised following feedback from experts. Cognitive debriefing interviews were conducted with 24 New Zealand and American injured patients.
Results
There were 40 items in the following domains: perceptions of communications with health care providers after the injury (15 items), perceptions of remedial gestures (11 items), indicia of the patient’s overall satisfaction with the reconciliation process (4 items), the nature and impacts of the injury (5 items), and patients’ characteristics (5 items). Participants’ feedback about the questionnaire was predominantly positive. Their suggestions led to 37 revisions.
Conclusion
The MIRES was comprehensible and acceptable to this group of post-injury patients. While further testing is desirable, the MIRES offers promise as a practicable approach that health care organizations can use to assess how well their reconciliation processes met patients’ needs.


Medical errors are associated with significant emotional, financial, physical and sociobehavioural impacts including reduced trust and willingness to seek healthcare. These impacts can last for years. The study sought to understand whether greater open communication is associated with reduced emotional impacts and decreased avoidance of doctors/facilities involved in the error.


Journal Article
Published articles related to CRP
Balancing “no blame” with accountability in patient safety

This article explains the challenge of balancing accountability and a “no blame” model in healthcare systems when promoting patient safety. Accountability is defined as taking responsibility for one’s actions. In this article, it is taking responsibility for malpractice that increases patient harm. the “no blame” model is defined as not accusing a single entity for any healthcare misconduct. It is important for healthcare systems to embody both taking responsibility for healthcare malpractices as well as the “no blame” model to effectively promote patient safety and quality and reduce adverse health events.


Institution/Organization/Business
Reference to primary CRP related organization (e.g. CAI website)
Web resource/Digital Article
General website that contains CRP related information, may be non-specific or general or mixed resources on a website. Article published on-line. Not available as paper version.
Betsy Lehman Center for Patient Safety- Patient Resources

Resources for patients and families in need of information and support after a medical error or adverse medical event.


Institution/Organization/Business
Reference to primary CRP related organization (e.g. CAI website)
Web resource/Digital Article
General website that contains CRP related information, may be non-specific or general or mixed resources on a website. Article published on-line. Not available as paper version.
Betsy Lehman Center for Patient Safety- Peer Support

Resources for clinicians and staff looking for data and information about the importance of support after adverse medical events, or for administrators that are interested in implementing a peer support program at their institution.


Timothy McDonald, MD, JD, discusses factors that can make already difficult conversations with patients and their loved ones after harm events even more challenging and complex and offers recommendations to mitigate these challenges.


Learning Community
Resources associated with CAI Learning Community
CAI Issue Brief 2: Mitigating the Toll of Medical Errors on Clinicians

Jo Shapiro, MD, FACS, talked about how peer support programs can both help alleviate some negative emotional impact of medical errors on the involved clinicians and in progression towards a culture of psychological safety in organizations.


Learning Community
Resources associated with CAI Learning Community
Presentation/Webinar
Recorded webinars and presentations
CAI Webinar – Privilege, Confidentiality, and Ethics: An Analysis of CRP Principles and Patient Safety Confidentiality

Webinar Date: January 21, 2021

Wesley R. Butler discusses the role of confidentiality and privilege within the context of Communication and Resolution Programs.

Presenter: Wesley R. Butler is an attorney at Barnett Benvenuti & Butler PLLC in Lexington Kentucky who focuses on advising health care providers on regulatory matters that implicate safety, quality, and reimbursement.

Objectives: 

  • Outline the elements of typical confidentiality and privilege interests in patient safety and quality analyses, and explore the public policies that support such interests
  • Outline the fundamental components of common CRP processes in health care, and explore the public policies and ethical considerations that support CRPs for responding to patient harm events
  • Analyze the interplay between CRPs and confidentiality and privilege interests to identify complementary and divergent points
  • Conclude with practical suggestions to illustrate that health care providers can fully implement CRP processes while respecting the boundaries of confidentiality and privilege and,  ultimately, gain the benefits that both perspectives offer

Learning Community
Resources associated with CAI Learning Community
Presentation/Webinar
Recorded webinars and presentations
CAI Webinar – Addressing COVID-19 Challenges with Communication and Resolution Programs

Webinar Date: February, 2021

Overview: COVID-19 has fundamentally altered our care processes and standards.  Care is being delayed, visits are happening by telemedicine, there are changes in how staff are deployed and interact with patients, and everyone is exhausted and emotionally depleted. These all make potential for patient harm events higher.  COVID-19 is also adding stress to already tightening medical professional liability insurance market. While it may be tempting to abandon ship when it comes to implementing CRP during COVID-19 times, CRPs are more important now than ever.  Fundamental principles of the CRP model-supporting patients, families, and clinicians after harm with open communication, empathy, learning, and accountability – are critical elements of how we respond to COVID-related harm events.  This webinar examines two cases of COVID-associated adverse events to help lead a discussion on the challenging aspects in implementing CRPs during this time.

Presenters: Michelle Mello, JD, PhD, and Thomas H. Gallagher, MD

Commentary by: Jeffrey Catalano, JD, Marcia Rhodes, Jonathan Steward, JD, MS, RN-BC, CEN, CPHRM

Learning Objectives: 

  • Examine potential communication and legal issues associated with COVID-related harm events
  • Describe how CRPs can be used as a strategy to address these COVID-related adverse events
  • Learn about CRP resources to help address COVID-related challenges

Learning Community
Resources associated with CAI Learning Community
Presentation/Webinar
Recorded webinars and presentations
CAI Webinar – Advancing the CRP Field with the CAI Attorney Alliance

Webinar Date: March 18, 2021

Richard Boothman, JD, Michael Severyn, JD, and Kyle Sweet, JD, discuss important the role of attorneys in advancing the CRP field.

Presenters: Richard Boothman, JD, Michael Severyn, JD, and Kyle Sweet, JD

Learning Objectives: 

  • Describe the role of attorneys who counsel and represent healthcare systems, healthcare providers, insurers, and patients and families in the CRP process
  • Examine how the traditional role of an attorney following an unplanned clinical outcome might need to shift to better serve client’s interests and everyone involved in healthcare
  • Learn about the goals, work stream, future opportunities, and ways to get involved with the Attorney Alliance

Learning Community
Resources associated with CAI Learning Community
Presentation/Webinar
Recorded webinars and presentations
CAI Webinar – Transparency: Promise, Practice and Perils

Webinar Date: December 17, 2020

Presenter: Julianne Morath, RN, MS, CPPS, Founding member of the Lucian Leape Institute of the National Patient Safety Foundation

Objectives:

1.  Define the term precondition and its relevance to Transparency

2. Identify at least two reasons to embrace transparency

3. Identify at least three levels of transparency

4. Demonstrate an understanding of why being transparent is so difficult