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The Incorrect - Disclosure of Error Healthcare Law Content Background: 0
A 12-year-old boy from London went to see his pediatrician for the school physical when he was supposed to get a Hepatitis B vaccination. He was a little weak in his immunization record, especially for Hepatitis B. Other than that, he had no medical history of note and was otherwise doing fine. During the appointment, boy's father and doctor agreed to close this gap by giving him the Hepatitis B vaccine. Sadly, though, an error occurred, and the Hepatitis A vaccination was given instead. As soon as the doctor understood what had happened, he informed the father. He clarified the confusion surrounding it and its side effects. The father was angry and would not allow any more vaccines, despite being assured that the Hepatitis A vaccine alone could cause no ill effects at all-- indeed it might even protect further. After the event was brought to light, it made the doctor feel guilty for betraying a patient's confidence and not administering that specific vaccination. Facts about Case: Rationale for Disclosing Harmful Errors to Patients: Ethical precepts such as integrity, openness and respect for patient autonomy provide the starting point from which to tell patients of dangerous mistakes. Openness in discussing errors promotes a cooperative approach toward minimizing their effects. Safety and confidence between healers and patients are also enhanced. Also, admitting mistakes helps patients play a role in their treatment and is important for informed choice. In this case, the upholding of honesty and respect for liberty led him to quickly tell Daddy that the vaccination had gone wrong. (Thomas H. Gallagher & Wendy Levinson, 2004) Specific Information Patients Want Disclosed Following a Harmful Error: This is what patients want to know. What went wrong? How big an effect did it have? Here's why It happened, and how we can fix it; here are safeguards for the future so this won't happen again-that kind of stuff. They want frank, candid contact--and an apology when it's needed. Furthermore, patients emphasize the importance of compassion and that their needs always have priority. Here the father may seek to know why Hepatitis A vaccination, possible side effects and a plan for future care. (Armutlu, 2009) 1
Disclosure Gap and Barriers: The term disclosure gap refers to the disparity between what patients think has been made known to them after a mistake and what doctors tell their patients. The provider-patient bond, a lack of communication skills training, and the hierarchical structure are some examples. And then there is also worry about legal repercussions if you screw up. The shame of medical errors can also become a culture of silence. If this is the case, then with his angry response the father calls attention to an apparent mismatch between expectations on either side of what should be in disclosure. (McLennan, 2014) Emotional Effects on Healthcare Professionals: Health care professionals may feel many kinds of emotions, such as guilt, shame, and fear after making an error. The Ordeal of Truth Surface Creating a culture of transparency and openness to mistakes depends on acknowledging that working in the healthcare field imposes emotional costs. This case is a good example of how the doctor felt responsible for losing confidence. Healthcare professionals go through a variety of emotions after making an error. Feelings that influence communication and decisions such as guilt, shame, or anxiety may damage the disclosure process (Doctor 'cautioned' after boy receives wrong vaccine twice at Cambridge clinic, 2019) Steps to Enhance Disclosure: Education and Training: o Give the medical staff in-depth instruction on emotional intelligence, disclosure procedures and communication skills. Creating a Supportive Culture: o Build an environment of openness, learning from errors and helping doctors in need. Standardized Protocols: o To ensure consistency across all healthcare facilities, implement clear- cut procedures for reporting mishaps. Legal Protections: 2
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o To reduce the threat of lawsuits, support legislative frameworks that protect healthcare practitioners from disclosing errors. Involving Patients in Solutions: o As you bring them into the resolution process, ask patients for their opinions about what preventative actions could be taken and how healthcare can be further improved. (Geoffrey H. Gordon, 2005) Continuous Quality Improvement: o To avoid repeating the same problems, we must make procedures for continuous evaluation and development possible in response to errors that are discovered. (Berthold, 2014) Discussion Questions: Q1. Now What doctor will tell the nurse, family, and patient once he recognized about the mistake? Ans: The doctor should discuss about this problem once with his nurse, what are reason of happening and measures to correct it. Moreover, it is responsibility of the doctor to apologize and reveal about an error and inform the patient and family clearly what is done regarding the mistake. The doctor must listen carefully, put any doubts to rest, and detail the follow up treatment plan. (Petronio, 2013) Q2. What possible action can the medical professionals do to understand the error occurred and changes necessary to avoid it future? Ans. The medical professionals should do root cause analysis to do full detail assessment of the mistake. This would include testing medicine administration procedures, examining communications techniques and searching for system imperfections. If you want to change the course, adjustments can be made by strengthening staff training or adding more checks and balances. Communication channels also must improve dramatically so that problems like these will never happen again. Q3. Explain barriers make full disclosure challenging in medicine? Ans. No fix standards for error disclosure, legal liabilities about harm to doctor- patient relationship, and a hierarchical culture are the obstacles. Another reason is the shame that comes with medical blunders. 3
Q4. What are the Consequences of disclosure on: o Relationship of doctor and patient? The doctor and patient relationship may strengthen or weakens after disclosure. Whether transparency and honesty build trust depends on how the disclosure is handled. o The relationship in the medical care system and patient? In general, we can say it will impact the patient appraisal. And handling it gracefully will show desire of improvement and responsibility which will enhance the trust of all. (Ryan Murphy, 2021) o The members of the medical professional relationship? Open communication among members of the medical team is important. Taking a blame-free approach to the disclosure of error, there is an opportunity for problems being discovered earlier and team members not falling out. Q5. Is it necessary to disclose problem completely if caused impact? Why? Ans. Trust is built on transparency and patients should be informed of any change in the standard of treatment. Also, to continue making progress we need to learn from every mistake--even a big one. Q6. Disclosure means an apology for the error. If yes, explain how the apology be phrased to the family? Ans. Yes, an apology is must for full disclosure. The apology should reveal remorse for the mistake happened, reiterate on patient care, and tell any emotional problems. It should be written in a caring and sensitive way. Q7. Do you have training to practice complete disclosure to your patients? If yes, explain training has helped you? If not, what preparation required? Ans. How much healthcare professionals prepared to disclose errors? Training for communication, specific protocols for disclosure and empathy can contribute to the 4
professional's confidence with such situations. Further training can include communication workshops, simulations and ethical guidelines courses. (Disclosing harm from healthcare delivery: Open and honest communication with patients, 2015) Conclusion: But due to a mix-up, the doctor mistakenly gave him an injection of Hepatitis A vaccine. The doctor immediately told the boy's father about this mistake, detailing what happened and saying that Hepatitis A vaccination was safe. But the father was beside himself, refused any further shots and reported to the clinic administration what had occurred. Thinking responsible for the trust breach and the opportunity missed to administer the immunization, the psychological aftermath of incident. The importance of disclosing errors to patients, the information that patients request following such incidents, the existence of a "disclosure gap" in the healthcare sector, the psychological impact that errors have on medical staff, and the necessity of institutional measures to improve error disclosure are all highlighted by this example. References 1. Armutlu, M. (2009, August). The Ethics of Disclosure of Adverse Health Events . Retrieved from www.central.bac-lac.gc.ca: https://central.bac-lac.gc.ca/.item? id=MR66059&op=pdf&app=Library&oclc_number=777303417 2. Berthold, B. J. (2014, June). Disclosing medical errors the right way . Retrieved from www.acpinternist.org: https://acpinternist.org/archives/2014/06/errors.htm 5
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3. Disclosing harm from healthcare delivery: Open and honest communication with patients . (2015). Retrieved from www.cmpa-acpm.ca: https://www.cmpa-acpm.ca/en/advice- publications/browse-articles/2015/disclosing-harm-from-healthcare-delivery-open-and- honest-communication-with-patients 4. Doctor 'cautioned' after boy receives wrong vaccine twice at Cambridge clinic . (2019, June 06). Retrieved from www.cbc.ca: https://www.cbc.ca/news/canada/kitchener-waterloo/doctor-cautioned-college-boy-wrong- vaccine-cambridge-1.5165037 5. Geoffrey H. Gordon, M. (2005, August). Disclosing Error to a Patient: Physician-to-Patient Communication . Retrieved from www.journalofethics.ama-assn.org: https://journalofethics.ama-assn.org/article/disclosing-error-patient-physician-patient- communication/2005-08 6. McLennan, S. R. (2014, August). MEDICAL ERROR COMMUNICATION: . Retrieved from www.edoc.unibas.ch: https://edoc.unibas.ch/38856/1/1.%20PhD%20thesis_McLennan %20edoc.pdf 7. Petronio, S. (2013). Disclosing Medical Mistakes: A Communication Management Plan for Physicians . Retrieved from www.ncbi.nlm.nih.gov: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3662285/ 8. Ryan Murphy, S. G.-J. (2021, May 18). How to Disclose Medical Errors and Unanticipated Outcomes . Retrieved from www.accelerate.uofuhealth.utah.edu: https://accelerate.uofuhealth.utah.edu/improvement/how-to-disclose-medical-errors-and- unanticipated-outcomes 9. Thomas H. Gallagher, M., & Wendy Levinson, M. (2004, June 01). The Wrong Shot: Error Disclosure . Retrieved from www.psnet.ahrq.gov: https://psnet.ahrq.gov/web-mm/wrong- shot-error-disclosure 6