Chief Medical Officer | Author | Podcast Host | Transforming Physician and Patient Experience with Design
Kentucky got this one right: "Kentucky first state to decriminalize medical errors." With exceptions for gross negligence or intentional acts, this law will promote a culture of sharing and learning from mistakes, much like with aviation. Nordic Global
At Least with this there is a realization that Medical Professionals who spend years training and answer a calling to serve humanity do not ever willfully harm the people they serve (99.9%). When errors happen its our system that fails the patient and the health provider. Decrimilalizing Medical Errors allow an open and participative way to evaluate and improve our systems to prevent the same errors and/or at least reduce the incidence of those errors happening again. My personal opinion is that by prosecuting Vaught our legal system set a tone of “Do Not admit mistakes and even if you know a mistake happened do not report to your superiors”.
Ken Hirsch
2mo
Though it may be a step in the right direction in certain circumstances, it needs the buy-in of the legal system. I was sued once. I transferred a patient with a staph vp shunt infection to the medical school for treatment Friday. She signed out AMA Sunday morning and returned to our hospital. The child died about 0200 Tuesday. Just over 2 yrs later when I had moved to another practice, I got a subpoena in the malpractice suit. The mother was in the office at my original office. The docs there that included the NJ AAP president asked her why she is suing. "The lawyer (ambulance chaser) said I could get a lot of money." Fortunately for those of us involved, the statute of limitations for a minor who has died expires 2 yrs after the child's death and NOT 5 yrs after they become of legal age. The only disappointing thing is that I had 2 copies of the child's records. The pre mortem and post mortem version. The adult nsgy found a few blank lines to write a patient doing well note. The chart had my note immediately under the note above. Anesthesia did the same. Next person left 3 blank lines before their note. The NSGY likely would have lost his license for his flat out lie.
To err is human….to understand root cause is divine.
Trevor Young
2mo
Having been a Naval Flight Officer, and a long-time EHR analyst/consultant, I feel this is an excellent comparison. Promoting a culture of learning from mistakes rather than hiding them helps prevent future ones. It also promotes a culture of actual thinking and analysis rather than formulaic care decisions (defensive medicine), a problem plaguing current health care delivery. Would love to see this become norm nationwide.
too many errors are SYSTEM errors w/o reporting them, we can't fix them that being said ... where is the checks n balance system? doctors have and EMR ... why don't Patients? these two systems talking would allow a check n balance in real time
I think the damage is done, the smart doctors know that you don't need to take risks to make a living and be fulfilled. Let the ones who havnt come to the realization take the risks!
Odd that the article is writing from the perspective of RNs and malpractice which probably makes up 0.05% of cases.
Something to celebrate 🎉
Direct Primary Care @ digitalnomadhealth.com
2moOkay, I think I just realized what this bill will do. Nevermind. "We are shooting ourselves in the foot if we allow negligence to be handled a priori as a criminal concern. Deciding between standard negligence and first case gross negligence where one reports oneself is fraught with senseless judgement issues."