Treatment FAQ

9. does a patient have a right to know if an error occurred in his/her treatment? why or why not?

by Dr. Mireille Wisoky Published 2 years ago Updated 1 year ago

Firstly, it helps to keep the patient updated about his/her condition. Once an error is committed, patient has a right to know about all outcomes of this error. After declaration, patient will know what treatment modalities are being planned for the error that has occurred.

Autonomy and Right to Self Determination
Healthcare providers have an ethical obligation to inform patients about their ongoing plan of care, including if a medical error has occurred.
Mar 7, 2017

Full Answer

Should patients be kept in the dark about medical errors?

This is because when patients are kept in the dark regarding medical errors, their abilities to make decisions about their care is impaired; they endure harm rather than benefits; the trust necessary for the doctor-patient relationship is undermined and above all, the likelihood of litigation increases significantly.

Should patients be told when things go wrong?

He added, "I think we now widely accept that patients should be told when things go wrong, when there are unexpected events, when things go other than planned. It's their right to know about it."

What is a patient's right to know?

A patient's right to know encompasses various types of disclosure regarding health care. It typically covers health care outcomes, physician profiles and malpractice reporting, hospital performance and safety information.

What happens if a doctor fails to disclose errors?

The doctor or health institution that fails to disclose an error consequently causes a ‘double jeopardy’ by delivering substandard care as well as failing to inform the aggrieved party, thereby depriving the party of a just recompense.20

Should the patient be notified of the error?

Medical and Dental practitioners must always inform patients promptly of any significant errors that may be occurred in the course of investigation or treatment”. The American Medical Association Principles of Medical Ethics states, “A doctor shall …be honest in all professional interactions”.

Do you tell the patient if you make a med error?

Don't inform a patient about this type of error There are times that it's not a good idea to inform a patient about a drug error, because it could have a negative impact on their care, says Matt Lowery, RN, ED nurse manager at Presbyterian Hospital, Charlotte, NC.

What is the right that patients have to manage their own treatment decisions?

Patient autonomy: The right of patients to make decisions about their medical care without their health care provider trying to influence the decision. Patient autonomy does allow for health care providers to educate the patient but does not allow the health care provider to make the decision for the patient.

What would you do if you made an error in patient care?

Five Ways to Respond to a Medical MistakeAcknowledge your mistake to the patient or family. ... Discuss the situation with a trusted colleague. ... Seek professional advice. ... Review your successes and accomplishments in medicine. ... Don't forget basic self-care.

When should a medical error be disclosed?

Recommendations suggest that the disclosure be made soon after the mistake occurs. 36 Typically, patients do not expect a medical mistake to occur. Hence, the disclosure timing is important to consider, as are general precautions and best practices surrounding disclosure of all bad news.

Why is it important to report medication errors?

Medication errors have significant implications on patient safety. Error detection through an active management and effective reporting system discloses medication errors and encourages safe practices.

What is patient rights and responsibilities?

As a patient you have the RIGHT to: Be respected for your cultural, spiritual and personal values, dignity, beliefs and preferences. • Privacy during care, examination, treatment and conversations with your physician and other health care providers.

Does the patient have a right to know their diagnosis?

Right to Information Physicians or their qualified assistants are required to provide adequate information about your illness, its diagnosis (provisional or confirmed, as it may be), proposed investigation and possible complications to the patient.

What should you do if you make an error while recording information on health care records?

When an error is made in a medical record entry, proper error correction procedures must be followed.Draw line through entry (thin pen line). ... Initial and date the entry.State the reason for the error (i.e. in the margin or above the note if room).Document the correct information.

What happens if you make a medication error?

Some medication errors change a patient's outcome, but the change does not result in any harm. Other medication errors have the potential to cause harm, but they do not actually cause harm. Serious medication errors that are not intercepted, however, will actually harm the patient.

What actions should you take if you suspect you have committed a medication error?

How to deal with medication errorsEstablish the extent of the problem. Dealing with your patient's clinical wellbeing must of course be the first step. ... Sources of information. ... Inform the patient. ... Put it right where possible. ... Reporting. ... Investigate further and review systems.

What should I do if I see a physician or another healthcare employee make an error?

To increase trust, make sure that doing the right thing and reporting isn't the same as taking the full blame for what happened. Reporting a mistake should be the start of a conversation where both the physician and the institution reviews what they could have done better.

How do you discuss medication errors with patients?

Disclosing medical errors the right wayBegin by stating there has been an error;Describe the course of events, using nontechnical language;State the nature of the mistake, consequences, and corrective action;Express personal regret and apologize;Elicit questions or concerns and address them; and.More items...

Who should discuss the error incident with the patient?

121). A significant barrier to disclosing errors is the clinicians' willingness to do so. This may in part be due to the lack of clarity as to exactly what should be disclosed, when the discussion should take place, and who (e.g., a hospital administrator, physician, or nurse) should disclose the error.

How do you apologize for a medical error?

Get the facts. Don't simply react with emotion or guilt. If an apology is, indeed, warranted, make sure that it is sincere. Acknowledge the error, give the patient an explanation of what happened, express your remorse that it happened, and outline what steps you will take to make reparation.

Is there an ethical duty to disclose a mistake when you are a health care provider?

ACP's "Ethics Manual" states that physicians should disclose to patients information about procedural or judgment errors made during care, as long as such information is material to the patient's well-being.

What to do if you believe your patients' rights have been violated?

If you believe your patients' rights have been violated, you can discuss it with a hospital patient advocate or your state's department of health.

What is the right to obtain medical records?

The Right to Obtain Your Medical Records. The HIPAA Act of 1996 provides patients in the United States a right to obtain their medical records, including doctors' notes, medical test results and other documentation related to their care. 1 .

What is the right to make a treatment choice?

The Right to Make a Treatment Choice. As long as a patient is considered to be of sound mind, it is both his right and responsibility to know about the options available for treatment of his medical condition and then make the choice he feels is right for him.

What is the right to make decisions about end of life care?

The Right to Make Decisions About End-of-Life Care. Each state in the United States governs how patients may make and legally record the decisions they make about how their lives will end, including life-preserving measures such as the use of feeding tubes or ventilators.

What is the right to be treated with respect?

The Right to Be Treated with Respect. All patients, regardless of their means or health challenges, should expect to be treated respectfully and without discrimination by their providers, practitioners, and payers.

Can a patient refuse treatment?

In most cases, a patient may refuse treatment as long as he is considered to be capable of making sound decisions, or he made that choice when he was of sound mind through written expression (as is often the case when it comes to end-of-life care).

What are the rights of patients?

Patients have rights in a medical setting, including the right to care and the right to refuse treatment, among other important protections. Patient rights are those basic rule of conduct between patients and medical caregivers as well as the institutions and people that support them. A patient is anyone who has requested to be evaluated by ...

What are the basic rights of an emergency patient?

Some basic rights are that all patients that seek care at an emergency department have the right to a screening exam and patients that cannot afford to pay are not turned away. The details of these rights are detailed in the Emergency Medical Treatment and Active Labor Act (EMTALA) laws in the U.S.

What is the duty of a doctor?

The doctor has the duty to continue a patient's healthcare after consenting to provide medical care unless the patient no longer requires treatment for the illness. The doctor must notify the patient and transfer care to another acceptable doctor if planning to withdraw care. The doctors may be charged with negligent abandonment for ending the relationship with the patient without appropriate referral, transfer, or discharge. Although doctors are free to choose which patients they will treat, doctors should offer optimal care for patients who need emergency first-aid treatment.

What is a patient caregiver?

A patient is anyone who has requested to be evaluated by or who is being evaluated by any healthcare professional. Medical caregivers include hospitals, healthcare personnel, as well as insurance agencies or any payors of medical-related costs.

What is informed consent in medicine?

Part of communication in medicine involves informed consent for treatment and procedures. This is considered a basic patient right. Informed consent involves the patient's understanding of the following: What the doctor is proposing to do. Whether the doctor's proposal is a minor procedure or major surgery.

Why do politicians want to change the healthcare system?

Because of numerous inequities in healthcare that often involve such factors as race, socioeconomic status, and gender, politicians have tried for many years to change the healthcare system and are likely to continue to intervene and change these "patient rights.".

Who has the right to refuse care?

Right to Refuse Care - Adults, Parents, and Children. Along with the right to adequate and appropriate healthcare, competent adult patients have the right to refuse health care (it is wise to document that the patient clearly understands the risks and benefits of their decision), but exceptions do occur.

Why do doctors refrain from disclosing errors to patients?

Another reason why doctors refrain from disclosing errors to patients is causing patients distress. “Doctors might be permitted not to tell if they have good reason to believe that disclosure would undermine the patient's autonomy in some way (e.g. incapacitate the already severely depressed patient).

What are the obligations of fidelity in medical practice?

Fidelity. Obligations of fidelity in medical practice can best be understood as norms that specify the moral principles discussed above, in particular, those of autonomy and justice.7 Applying these principles yield obligations of veracity and fidelity. Although doctors' obligations of fidelity demand that they should be truthful with their ...

What is the fiduciary nature of a doctor?

The fiduciary nature of the doctor-patient is such that the doctor is ethically obligated to disclose medical errors to patients. The principle of respect for autonomy directs the doctor to disclose errors to patients since it gives patients an insight into what is going on.

Why is moral courage important in medical practice?

Moral courage is therefore needed if doctors are to do the right thing when medical errors occur.

Why do doctors get sued?

Doctors get sued when things go wrong or outcomes are unexpected. In as much as bad outcomes and medical errors are some of the reasons why patients may seek a legal redress, there is evidence to the fact that poor communication after an error has occurred is a very significant factor in malpractice litigation.

Is it common for medical practitioners to make errors in their day to day practice?

This grim report indicates how common it is for medical practitioners to make errors in their day to day clinical practice. Although medical errors will likely continue as long as clinicians remain fallible humans, it does not mean that it should be accepted as a matter of fact.

Is a violation justified?

A violation is justified only if it is rational to favour that violation even if everyone knows that this kind of violation is allowed. Since deception of patients in the form of non-disclosure of medical errors does not satisfy any of the above conditions, it is an unjustified violation of an important moral rule.

What did the authors find about disclosing medical errors to patients?

They found that those who were less likely to talk about prevention, and who pointed out that the error was "very" or "extremely serious," as well as those surgeons who reported "very" or "somewhat difficult" experiences discussing the event, were more likely to be negatively affected by it.

What are some examples of classic errors in surgery?

Other "classic" errors include inadvertently damaging a structure within the body -- for example, cutting a nerve or accidentally puncturing the bowel during gall bladder surgery.

How many surgeons apologized for a mistake?

However, only 55 percent of surgeons surveyed said they apologized or discussed whether or not the error was preventable, according to the researchers from the Center for Healthcare Organization and Implementation Research, Veterans Affairs Boston Healthcare System.

What does Wu say about medical ethics?

When looking at things from a medical ethics standpoint, Wu said that patients deserve to know when things don't go as planned in the operating room. "The golden rule is that people expect to be told when something goes wrong. The patient can benefit from the knowledge.

When did John Hopkins start a disclosure policy?

At Johns Hopkins, they implemented one of the first error disclosure policies in 2000. Under it, a health care worker will not be punished or disciplined for reporting an error. "We disclose very promptly, very fully apologize, take responsibility and take action to avoid future similar events.

Can you change your therapy at Hopkins?

The answer is yes. Anything that requires a change in therapy or an additional test or action. Or where you'd be embarrassed if it came out later. It didn't happen at Hopkins. It was a case where a student leaned over to look and glasses accidentally dropped in. The patient got an extra dose of antibiotics," said Wu.

Can a punitive response to medical error benefit the doctors or patients?

A punitive response to medical error doesn't benefit the doctors or patients, he said, unless of course someone shows repeated negligence. But not all medical centers approach disclosure the same way and some staff lose their jobs for actions that led to medical mistakes.

Why is patient safety important?

Patient safety is fundamental to delivering quality essential health services. Indeed, there is a clear consensus that quality health services across the world should be effective, safe and people-centred. In addition, to realize the benefits of quality health care, health services must be timely, equitable, integrated and efficient.

What is patient safety?

Patient Safety is a health care discipline that emerged with the evolving complexity in health care systems and the resulting rise of patient harm in health care facilities. It aims to prevent and reduce risks, errors and harm that occur to patients during provision of health care.

What is the WHO patient safety and risk management unit?

The Patient Safety and Risk Management unit at WHO has been instrumental in advancing and shaping the patient safety agenda globally by focusing on driving improvements in some key strategic areas through:

When did WHO start working on patient safety?

WHO's work on patient safety began with the launch of the World Alliance for Patient Safety in 2004 and this work has continued to evolve over time. WHO has facilitated improvements in the safety of health care within Member States through establishment of Global Patient Safety Challenges.

When is World Patient Safety Day?

Recognizing that Patient Safety is a global health priority, the World Health Assembly (WHA) adopted a resolution on Patient Safety which endorsed the establishment of World Patient Safety Day to be observed annually by Member States on 17 September.

What are some examples of patient identification errors?

Here are some examples of patient identification errors that occurred in last 5 years: A blood labeling error leads to a deadly transfusion.

What did the clerk ask the patient to confirm on his wristband?

As a patient checked in for chemotherapy treatment, the clerk asked the patient to confirm the information on his wristband. Although the patient confirmed his identification, he did not notice that the information was for a patient with the same name, but a different birth date.

What is standardized process for patient identification?

Using a standardized process for patient identification and capturing patient information, no matter where registration occurs. Clearly displaying information required to accurately identify the patient on electronic displays, wristband and printouts.

How many identifiers are needed for a patient?

Checking at least 2 patient identifiers—usually, name and date of birth, although some providers use a medical record number or another identifier. Checking bar-coded identification information on a patient’s wristband against information on a medication label or the patient’s medical record.

What to do if something doesn't seem right?

If so, take extra precautions at every step in your medical journey to make sure you are correctly identified. If something doesn’t seem right, speak up immediately! Don’t take medications, or agree to treatments, that are unfamiliar or unexpected. Importantly, don’t worry about appearing foolish or annoying.

Why is the US not adopting electronic health records?

In a 2016 STAT article, author John McQuaid explains that the US is far from adopting this solution due to many factors, including privacy and security concerns, political resistance and the widespread use of electronic health records that can’t communicate with each other.

Should staff ask for patient name?

Staff should ask the patients for their name and birth date, instead of asking the patient to confirm what they hear. Electronic records systems should only allow 1 patient record to be open at a time. Staff should only print and use labels with patient information one patient at a time.

Why did the patient stay on heparin?

The patient remained on heparin intravenously because of the blood clot. Later that night my friend observed her mother was sleeping more, and her right side was weak. She notified the doctors and the nurses and they sent the patient down for a CAT scan of the head.

What is it called when you can't express your thoughts?

Expressive aphasia is when the person can understand what is being said to them, but they are unable to “express” their thoughts fluently. For example, in the person’s mind they might want to say “my leg hurts”, but it might come out as “my arm hurts”, or something completely irrelevant.

Does Eliquis require lab work?

Eliquis is a new-generation blood thinner that does not require the patient to have frequent lab work. She was also found to have elevated glucose. Her HgA1C was 12 which indicated out-of-control blood glucose for a while.

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