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Doctors, Hospitals Prepare For Difficult Talks Surrounding Medical Mistakes

It was a fourth of July weekend but , an intensive care physician, was not celebrating. A medical error earlier landed a patient in her ICU. The patient eventually died 鈥斅燼nd she had to decide what to tell the patient鈥檚 family.

Should she apologize? How much detail should she share about the mistake? Would a frank discussion put the hospital at risk of a lawsuit?

鈥淚 had never really been in that situation before,鈥 said O鈥橞rien, recalling the 2004 incident. She decided to tell the patient鈥檚 family about the error, bracing herself to face their anger. While the family was stricken by grief, they appreciated her honesty.

鈥淚 spent a lot of time with the patient鈥檚 family supporting them and explaining what had happened, and yet I felt so unsupported in that experience,鈥 said O鈥橞rien, a physician at MedStar Georgetown University Hospital.

Hospitals have traditionally been reticent to disclose to patients or their family members the specifics of how a medical procedure didn鈥檛 go as planned for fear of malpractice lawsuits. In recent years, though, many are beginning to consider a change. Instead of the usual 鈥渄eny-and-defend鈥 approach, they are revamping their policies to be more open.

To help them move in this direction, the federal Agency for Healthcare Research and Quality in May an online toolkit designed to expand the use of the agency鈥檚 鈥溾 process, which establishes guidelines for adopting more transparency in communicating adverse events.

Hospitals鈥 interest in this approach has been fueled by studies showing that when an adverse event has occurred and doctors when there are restrictions and concerns about what they are allowed to discuss. have found that patients are more likely to sue when they perceive that there is a lack of honesty.

MedStar Health, which is among the largest health providers in Maryland and the Washington, D.C. region, has been one of the pioneers in setting up such programs at all of its 10 hospitals. In 2012, it launched standardized program based on AHRQ鈥檚 guidelines across the system that drew on similar initiatives that were already in place at its various facilities. O鈥橞rien was one of the first to sign up as a volunteer at Georgetown University Hospital.

The initiative established a standardized approach for physicians when they have to communicate with patients and family members about adverse events. A team of physicians 鈥斅燾alled the 鈥淕o Team鈥 鈥斅燾omplete a four-hour initial training program and then annual booster courses every six to eight months to prepare them for these conversations and also to help other staff physicians who confront the problem. After that, Go Team members are on call 24/7 to provide guidance. Another program, 鈥淐are for the Caregiver,鈥 provides psychological support to other physicians as needed.

One of central elements of the training program for the Go Team involves role-playing exercises with professional actors who simulated patient scenarios. O鈥橞rien remembers clearly one session when she had to confront actors portraying patient鈥檚 family almost hysterical with anger. The patient had suffered from severe burns due to a fire in the operating room.

鈥淚t鈥檚 scary to be in that room even though I knew it was a simulation,鈥 she said. It was helpful, 鈥渋n terms of preparing for the family鈥檚 emotions 鈥 and making sure they get the information that is needed while acknowledging that they needed to express their emotions.鈥

Doctor and patient

The exercises are uncomfortable and incredibly personal, O鈥 Brien said. Through the training sessions, she learned about the importance of being honest upfront, expressing empathy and apologizing.

MedStar is not the only hospital system implementing the system. Since 2012, second-year medical students at Johns Hopkins University are required to learn how to disclose adverse events in their patient safety classes by participating role-playing exercises. Several Harvard teaching hospitals also have coaching models similar to MedStar鈥檚.

Part of the motivation for , vice president of quality and safety for MedStar Health, to establish open communication programs came from his personal experience about a decade ago when he was the co-executive director at the University of Illinois Institute for Patient Safety Excellence. Back then, he and his colleagues were frustrated with the tension between doctors, patients and the amount of lawsuits the hospital had to field from patients who wanted to know more.

鈥淲e felt horrible that we couldn鈥檛 openly talk to patients and families 鈥 our attorneys would tell us we can鈥檛 do that because we鈥檙e going to give them all the information that will cause us to lose a lawsuit,鈥 he said. 鈥淭here were no winners.鈥

After a colleague brought the issue to the attention of that hospital鈥檚 board, they began working on a better system, said Mayer, who participated in the development of AHRQ鈥檚 guidelines. And when Mayer arrived at MedStar he continued working on this mission. The results he has seen reflect a hospital culture shift.

鈥淚nstead of shutting down conversations with patients, we want to respond to them immediately, we want to share everything we can with them,鈥 Mayer said. 鈥淢any times when they get their questions answered in an open and honest way, they realize a lawsuit wasn鈥檛 really necessary.鈥

Mayer said by emphasizing transparency and creating an open environment, the doctors have been able to learn from past events and improve their performance. At MedStar Health, he has seen a 60 percent reduction in serious safety events in the past four years.

But the openness also has a cost. The hospital might have to pay for remedies, such as waiving medical bills, if a patient believes the hospital was at fault.

Mayer recognizes that there are still many hospitals who go by the 鈥渄eny and defend鈥 approach.

鈥淭here are programs that say they鈥檙e doing it when they鈥檙e not really doing it, they鈥檙e not waiving bills, they鈥檙e still charging the Centers for Medicare & Medicaid Services and third party payers for the mistakes,鈥 he said. 鈥淭here are a lot of people making money off denying what is technically right for the patient.鈥

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