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Search results for ""
Perspectives on Safety > Perspective
with commentary by Paul Barach, MD, MPH , The Law and Patient Safety, December 2005
Quality health care and patient safety have emerged as major concerns in society. The Institute of Medicine’s report entitled To Err is Human: Building a Safer Health System led to considerable discussion in both the public and private sectors on the need...
The Girl Who Died Twice: Every Patient's Nightmare: the Libby Zion Case and the Hidden Hazards of Hospitals.
Robins NS. New York, NY: Delacorte Press; 1995. ISBN 0385308094.
Robins, an investigative journalist, recounts the story of Libby Zion, who died at New York Hospital in 1984 allegedly at the hands of under-supervised and overworked residents. The book is an interesting and engaging account of a case and its aftermath, including the highly publicized malpractice trial and the formation of the Bell Commission, which regulated resident work-hours for the first time. The book provides an important historical context for this case and the debate surrounding it, the implications of which are still being felt today in the wake of national regulations for resident duty-hours.
Dyer C. BMJ. 2005;330:1228.
This article reports on the National Health Service's plan to handle small claims from medical mistakes without litigation.
Hallinan JT. Post-Gazette.com. June 21, 2005.
This article summarizes the history of patient safety improvement in anesthesia and its impact on malpractice claims and costs within that specialty.
USA Today. July 4, 2005.
This editorial supports legislation such as the Fair and Reliable Medical Justice Act, which calls for special courts to evaluate medical malpractice cases.
Legislation/Regulation > Federal Legislation
S 1784, 109th Cong, 1st Sess (2005).
This bill, introduced to the Senate by Senators Clinton (D-NY) and Obama (D-IL), proposes a program under the direction of the U.S. Department of Health and Human Services to a) require hospitals to disclose errors to patients and offer reasonable financial settlements where appropriate; b) create a national patient safety database, comprised of confidential reports from health care institutions; and c) protect any statements about and apologies for errors that providers make to patients from being used in a later malpractice action.
Berenson RA. The New Republic. October 10, 2005;233:17-21.
To illustrate the need for malpractice tort reform, transparency, and fair compensation for patients, this article discusses individual stories, such as that of Susan Sheridan, whose son and husband were both injured by medical error, as well as organizational and grassroots efforts, such as the Sorry Works! Coalition.
Gawande A. The New Yorker. November 14, 2005;81:63-71.
In this article, Dr. Gawande shares several stories of malpractice lawsuits, giving context to a balanced discussion on problems with the U.S. malpractice system.
Journal Article > Study
Parental preferences for error disclosure, reporting, and legal action after medical error in the care of their children.
Hobgood C, Tamayo-Sarver JH, Elms A, Weiner B. Pediatrics. 2005;116:1276-1286.
This study used a four-scenario survey instrument to demonstrate that nearly all parents desire full disclosure about a medical error. Based on enrollment of approximately 500 parent participants, investigators also determined that preferences and response did not vary by ethnicity, gender, age, or insurance. The authors conclude that parental desire for reporting increases with severity, disclosure likely reduces the risk for litigation, and disclosure should not be affected by the factors noted above. They advocate for integrating their findings into educational interventions that improve physician disclosure practices.
Journal Article > Commentary
No-fault compensation in New Zealand: harmonizing injury compensation, provider accountability, and patient safety.
Bismark M, Paterson R. Health Aff (Millwood). 2006;25:278-283.
The authors provide context for the genesis of New Zealand's no-fault process for patient injury compensation, comment on the effectiveness of the program, and suggest that more be done to understand how this approach affects patient safety.
McCarty JF. Plain Dealer. January 16, 2007:A1.
This article reports on an incident of a retained foreign object discovered years after a patient's death, as well as the subsequent lawsuit.
Parents sue over babies' heparin overdoses: infants were given too much heparin at Methodist Hospital.
Higgins W. Indianapolis Star. September 13, 2008;News section:A1
Families whose infants died from or were harmed by heparin overdoses are suing the drug manufacturer and the hospital.
Donaldson L. BBC News. Feb 26, 2009.
This article explores the importance of apology, its benefits, and some barriers to its expression in health care.
Journal Article > Commentary
Boothman RC, Blackwell AC, Campbell, Jr. DA, Commiskey E, Anderson S. J Health Life Sci Law. 2009;2:125-159.
This legal discussion shares one hospital system's approach to addressing error and apology in a proactive and sensitive way—that also makes smart business sense.
Landro L. Wall Street Journal. August 25, 2009:D1.
This column shares the experience of hospitals and families whose involvement in open disclosure has resulted in improved care, reduced litigation costs, and patient partnerships.
Westfall SS, Mascia K. People. October 5, 2009;72:155.
This story discusses an instance of mistakenly implanted embryos and the impact of the error on the two families involved.
Cohen E. Empowered Patient. CNN.com. November 13, 2009.
This news story describes an incident of patient misidentification and offers tips to help patients confirm their care during a hospitalization.
Altman LK. New York Times. December 11, 2001;1:1.
This news piece reports on wrong-site and wrong-patient surgery and describes efforts to prevent surgical errors following a Joint Commission sentinel event alert on the topic.
Smith ML, Wolfe WA. Star Tribune. July 22, 2010;News:1B.
This newspaper article reports on a lawsuit regarding a safety incident that led to injury and subsequent death of a patient.