In
an effort to reform Medical Liability, Massachusetts has created what they call
the “Road
Map to Reform,’’ The purpose of this
plan is for doctors and nurses to fully disclose mistakes to patients and
apologize. In addition, anyone,
including patients or family members, can report a suspected error. At that point the hospital will investigate
the situation and determine if the medical staff or the hospital was at
fault. If they determine they were at
fault, they will apologize and work with their malpractice insurers to
determine the amount of compensation. Patients who accept the financial
settlement surrender their right to sue, but those who decline the settlement
can pursue legal action. On average in Massachusetts it takes 5 1/2 years for
patients to be awarded money in the traditional litigation system, so this also
creates a way for patients to receive financial compensation for their injuries
earlier than the traditional litigation system.
This effort will first be tested out in 7
hospitals before implementing it statewide. The purpose of the program is to increase
reporting of medical mistakes and cut down on lengthy litigation that they
believe drives up health care costs.
Similar programs have been implemented in
other states, and have been successful in decreasing the number of malpractice
claims in addition to a decreasing the cost of medical liability insurance.
It is good ethical practice for health care
workers to acknowledge their mistakes and apologize. These types of programs may be a way to
improve that practice, decrease litigation and help the injured party receive
compensation earlier than in the traditional programs.
More information can be found in this recent
article:
Kowalczyk,
L. Massachusetts Hospitals Promise Openness, Apologies. The
Boston Globe. Available at: http://bostonglobe.com/metro/2012/04/18/mass-hospitals-promise-openness-apologies/z7HH8c8J1aPUf2d4lYggvM/story.html
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