Lawsuits and litigations are common in US culture and certainly in US medicine. Now, a new computer program aims to guide patients and physicians toward favorable outcomes following adverse ones. The REACT Program promotes and advocates open and honest discussion between the parties involved. The goal is to reach a common ground based upon effective dialogue, something that medical students are – and ought to be – taught. However, in light of our litigation-happy culture, it can sometimes be difficult for physicians to admit fault. This is why some states have adopted “apology immunity laws,” which protect healthcare workers from their apologies or benevolent gestures being used against them in court. If honesty is truly the best policy then why do many prefer litigation over acceptance of apology?
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Tags: adverse outcome, computer, hospitals, law, litigation, sue
Dr. Steven Chang, the author of DailyDose, is a staff physician with Kosmix RightHealth. Dr. Chang practices Family Medicine at the University of California Davis Medical Center, where his medical interests include both pediatric and geriatric care, public health, gay and lesbian health, and sleep medicine. Dr. Chang trained at the Stanford University affiliated O'Connor Hospital, and was a research fellow at the National Institute of Health. He holds an M.D. from McGill University and a BA in Public Health from Johns Hopkins University.
January 22nd, 2009 at 11:12 am
Litigation-happy culture? There certainly are too many frivolous lawsuits but I think the perception drives the reality. I also think it is a convenient way for the medical industry to explain its sometimes wanton and careless behavior. In a study done ten years or so ago, Harvard did a study to determine how much of a “litigation-happy culture” we have. The researchers went to hospitals in the Boston area, pulled the files and discovered to their dismay that of 100 cases which they thought there could have been a lawsuit, only seven did so! More recently, again to the surprise of medicine, physician who admitted errors were surprised that they were not suited after the confession. I believe that studies have shown that where “confession” has been given, law suits have decreased – and this is before states instituted immunity from those confessions which physician gave. We are all human and subject to error. Most patient’s/families, when honest dialogue is given, are willing to forgive if given an honest dialogue.