Chairman's Message => Winter 2005

News

Have a proposal for FOGS or looking for a service?
Use this link to contact our office.
More...

Thank You!
FOGS and the Florida Section ACOG recognize their corporate supporters
More...

Liability Issues Report
Please use this form liberally to report the related practice problems you are facing
The Form

On Call Medical Coats
FOGS has teamed up with On Call Medical Coats to offer our members quality embroidered labcoats
Shop for Coats

FOGS Endorsed Malpractice Carrier offering a 5% discount to FOGS members
More Info

Lubell & Rosen
FOGS Endorsed
Pre-Paid Legal Defense
More Info

Your practice could receive a dividend of up to 24.8% of your workers compensation premium.
More Info

The Chairman's Message

Read Other Chairman's Messages
Summer 2008 Summer 2007 Spring 2007 Winter 2006/2007 Autumn 2006 Summer 2006 Spring 2006 Winter 2005 Fall 2005 Summer 2005 Spring 2005 Winter 2005 Fall 2004 Summer 2004 Spring 2004 Fall 2003 Summer 2003 Spring 2003 Winter 2002 Summer 2002 Spring 2002 Winter 2001 Fall 2001

Winter 2005

Disclosure

Errors occur in complex systems, such as healthcare, and their causes are often multi-factorial. Communication often plays a role. What is said after a bad outcome is also important. Discussing medical errors with patients is influenced by the nature of the error as well as moral, ethical and legal considerations.

According to recent surveys, physicians know the importance of transparency but often do not fully disclose errors to patients. Where is the disconnect?

We are faced with conflicting recommendations. When there is a medical error, the AMA Code of Ethics requires physicians "to inform patients of all the facts necessary to ensure understanding of what has occurred." On the other hand professional liability insurance companies state that "an admission of the insured of error voids coverage for related claims for damages." Physicians feel guilty and fear that a truthful explanation of error will increase litigation risks. However, a 1999 study found just the opposite. Disclosure actually lowered litigation costs and reduced defensive medicine.

In response to this dilemma, the National Patient Safety Foundation issued the following statement of principle:

If error contributed to healthcare injury, the patient should expect:

A truthful and compassionate explanation
Discussion of potential remedies
What steps will be taken to reduce the likelihood of others suffering from the same error.

These steps will not resolve our liability crisis but it is an ethical imperative that will reduce litigation. Making medicine transparent to patients is important to build trust and to get additional traction for liability reform. Finally, disclosure will help assuage the guilt of competent, caring physicians who struggle to do what is right in a flawed system we call healthcare.