Patient Complaints and Malpractice Risk

Hickson, Gerald B.; Federspiel, Charles F.; Pichert, James W.; Miller, Cynthia S.; Gauld-Jaeger, Jean; Bost, Preston

doi:10.1001/jama.287.22.2951

Cited by 482 publications

(345 citation statements)

References 26 publications

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“…Similarly, among the reasons that claimants interviewed by Hickson and colleagues [18] gave as motivating their lawsuits were the belief that ''the courtroom was the only forum in which they could find out what happened from the physicians who provided care'' (20%), the belief ''that physicians had failed to be completely honest with them about what happened, allowed them to believe things that were not true, or intentionally misled them'' (24%), and a desire to ''deter subsequent malpractice by the physician and/or to seek revenge'' (19%) [18]. Other studies have similarly found failure to provide explanations and poor communication generally are associated with litigation [1,19,21,34,35,48].…”

Section: Apologies and Patientsmentioning

confidence: 99%

Apologies and Medical Error

Robbennolt

2009

Clinical Orthopaedics &Amp; Related Research

109

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One way in which physicians can respond to a medical error is to apologize. Apologies-statements that acknowledge an error and its consequences, take responsibility, and communicate regret for having caused harmcan decrease blame, decrease anger, increase trust, and improve relationships. Importantly, apologies also have the potential to decrease the risk of a medical malpractice lawsuit and can help settle claims by patients. Patients indicate they want and expect explanations and apologies after medical errors and physicians indicate they want to apologize. However, in practice, physicians tend to provide minimal information to patients after medical errors and infrequently offer complete apologies. Although fears about potential litigation are the most commonly cited barrier to apologizing after medical error, the link between litigation risk and the practice of disclosure and apology is tenuous. Other barriers might include the culture of medicine and the inherent psychological difficulties in facing one's mistakes and apologizing for them. Despite these barriers, incorporating apology into conversations between physicians and patients can address the needs of both parties and can play a role in the effective resolution of disputes related to medical error.

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Section: Apologies and Patientsmentioning

confidence: 99%

Apologies and Medical Error

Robbennolt

2009

Clinical Orthopaedics &Amp; Related Research

109

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“…The trust in patient-physician relationship is compromised [15][16][17], and it has a "corrosive effect on morale" [5]. Not surprisingly, associations have been found between the number of patient complaints filed regarding a doctor and the likelihood of malpractice litigation against said clinician [18]. In the most extreme cases, news agencies pick up stories of inappropriate behaviors, severely tarnishing the reputation of a hospital.…”

Section: The Ripple Effect Of Disruptive Behaviormentioning

confidence: 99%

“…Minor deviations from appropriate behavior must be recognized and intervened upon to prevent escalation [18,42]. Anonymity of reporting parties must be assured to reduce the fear of retaliation [43].…”

Section: Vignettes In Patient Safety -Volumementioning

confidence: 99%

Disruptive Physicians: How Behavior Can Undermine Patient Safety

Tatebe¹,

Swaroop²

2018

Vignettes in Patient Safety - Volume 2

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Disruptive physician behavior is a pervasive threat to patient safety and a source of emotional and financial hardship on the health care system. It causes increases in medical errors, staff turnover, and risk of litigation. Behavioral problems can be symptoms of underlying issues that must be addressed, such as substance abuse, psychiatric conditions, or burnout. Reporting of disruptive behavior is low, especially by colleagues. Current methods in place in many health care systems do not adequately recognize warning signs or take appropriate corrective actions to limit the effects of disruptive physicians. Changes must be made at a system level to improve rehabilitation of problem physicians.

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“…Thus, physicians need to focus on patients' satisfaction with care because it may drive patient volume more than technical acumen alone. Another reason physicians might focus on patients' experience of care is that there is evidence suggesting that "the frequency with which physicians are sued is related in part to patients' satisfaction with interpersonal aspects of medical care" [10,11]. While these may not be the primary reasons for physicians to focus on patients' experience of care, doing so may actually provide operational benefit, in addition to better patient care.…”

Section: Benefits Of Patient Experience Measurementmentioning

confidence: 99%