Say that you're a doctor who is concerned about the repercussions of a medical malpractice error -- both in human and economic terms -- and wondering what to do about it.
Here's some solid advice: Think hard before meekly following the dictate of your insurance company, which is likely telling you to keep mum about the matter and avoid any personal discussion with the patient or the patient's family.
Try this instead: Own up and apologize.
Although that might seem a bit radical, one practicing physician and member of USA TODAY's Board of Contributors says that it is precisely what needs to be done in more instances, both to avoid litigation and to improve the quality of medical care.
In fact, Kevin Pho is quite blunt concerning the matter. "Physicians should disclose their mistake," he says, "apologize and, when appropriate and through mutual agreement, compensate injured patients."
And that act -- one of contrition that fosters trust, seeks to explain and helps patients feel respected and even empowered -- should be adopted nationwide, with a law in all states that bars doctors' apologies from being used against them in court.
Not every bad patient outcome owes to medical error. Those that do, of course, justifiably end up in a court of law, with recompense to the victim being both fair and necessary. But those that don't are often more easily noted and dealt with by all parties involved through candor and open lines of communication.
There is strong and confirming evidence that only in a very few cases do patients bring malpractice claims that lack merit. In cases where a doctor is honest and open with a patient and the latter can see that an outcome did not owe to the doctor's mistake, litigation can often be avoided.
And that, in turn, can lead to systemically better medical treatment, says Pho.
"There's no panacea for eliminating mistakes, but a starting point is clearly communication," he says.
Source: USA TODAY, "Column: How doctors can reduce medical errors, lawsuits" Kevin Pho, Jan. 18, 2012
