22 Jul Discussion: Reducing Malpractice Claims

You are the risk manager of a hospital and have been asked to make a speech to doctors and nurses about how to prevent malpractice claims.

Choose from the one of the following scenarios and develop an initial post that is a short speech outlining the most important points, and best practices, for health providers to limit mistakes and reduce potential liability. Provide specific steps the providers can take to protect themselves and the organization from malpractice and other kinds of claims against providers. Remember to use the most recent APA guidelines for your citations and references.

The hospital has had two preventable surgical errors; one where the wrong procedure was completed on the patient, and the other where the incorrect implant was placed in the patient. Despite these errors, the patients did well and recovered. The staff feels they have “learned their lesson” from the errors and will be more careful. The risk manager feels there would be tremendous value in implementing the WHO Surgical Safety Checklist to prevent recurrence of surgical errors and feels the need to explain the value and use of the checklist to the key stakeholders in surgery. However, the risk manager expects resistance to this change, considering the amount of time the checklist will take to implement. He wants to explain how this additional step can help the providers, keep the patient safe, and prevent malpractice. Review the video How do we heal medicine? from this week’s resources to assist with your post.

Healthcare regulations require that when an individual does not speak English, their medical information about treatment must be provided in their preferred language. Regulations specifically state that the family cannot act as an interpreter, and nor can staff, unless they are certified to do so. For example, the physician must explain an impending surgery in the patient’s language so the patient can fully comprehend the treatment plan. Another example would be that when a nurse is discharging a patient with a complex wound, care instructions must be given in that patient’s preferred language. The risk manager has determined that both physicians and staff are not utilizing the new online interpretation system purchased by the hospital, which is readily available in every room. The risk manager’s goal is to explain why using the interpretation system is important for patient safety and prevention of malpractice.

In your responses to your peers, consider whether you agree with the guidelines they considered to be most important. Explain why or why not.

To complete this assignment, review the Discussion Rubric document.

Chapter 6 guiding questions:

What are the four D’s of negligence?

What does liability refer to?

What are ways to prevent malpractice?

Video: How do we heal medicine? (19:03)

Dr. Atul Gawande, a Harvard surgeon and patient safety expert, describes a simple concept taken from aviation that improves patient safety in the operating room.

Video: The Moonlighter – Avoidable Medical Malpractice Case (4:44)

This video demonstrates how medical malpractice can occur.

Video: What is the Anti-Kickback Statute? (2:15)

This video discusses the dangers of self-referral and criminal/civil penalties involved.

WHO Surgical Safety Checklist

This checklist was developed to decrease errors and adverse events and increase teamwork and communication in surgery.