I've reposted the below from David Sugerman's blog. As a nuclear engineer and nuclear submarine officer (before I was an attorney), I studied human errors intensively and am very well-acquainted with the research on human error tendencies in pressure-filled situations. The conclusion of that study?
Nearly everything about how modern American medicine is organized is BAD for patient safety and INVITES DANGEROUS ERRORS that hurt people.
NASA, the submarine force, the aerospace industry, and computer manufacturing are just a few example of where errors are systematically studied and analyzed and changes made TO PREVENT THE SAME MISTAKES FROM HAPPENING AGAIN AND AGAIN.
But hospitals (especially) and medicine as a whole fight tooth and nail to resist all of the best practices designed to eliminate dangerous errors. There is a problem that high malpractice premiums highlight -- but that problem is a "system" that systematically ignores patient safety. Instead of focusing on reducing the harm from errors, they concentrate almost all efforts on preventing the victims of these systemic errors from trying to seek justice.
As an attorney who focuses on consumers, elders, and nonprofits, I don't have a dog in this fight - I'm not writing as someone who brings claims over violations of patient safety.
But as someone with a lot of training in identifying and managing high-risk operations safely, I know that I'm always floored when I go to hospitals and clinics by how absolutely primitive these places are in their (dis)organization, and how often it's just a matter of luck that even more people aren't hurt by their dealings with the medical system. Here's the original post:
Memo to the Oregon Legislature:
Healthcare Transformation Starts with Patient Safety
The Oregon Legislature is back in session and grappling with proposed health care transformation. Yesterday, we learned that some legislators are more concerned about “defensive medicine” and putting an arbitrary limit on access to justice for Oregonians who are on the Oregon Health Plan or Medicaid rather than they are about keeping patients safe.
Did you know that more than 98,000 Americans die every year from medical errors? Here is some context: That number is equivalent to a 747 jet liner crashing every day of the year killing all on board. So when we talk about healthcare transformation, shouldn’t we really be talking about patient safety?
We need to focus on the real problem with health care delivery and that is keeping patients safe and informed. Recently, Legacy Emanuel participated in a national study where they implemented simple procedures and check lists for all hospital staff to follow. You know, things like washing your hands between each patient, making certain all medical equipment is accounted for before finishing a surgery, that the patient is the same person as the chart on the end of their bed.
According to the Oregonian’s report on that study, Legacy saved over $13 million in one year, cut down on medical errors and significantly lowered their infection and injury rates. Imagine the cost savings if these check lists and procedures were implemented in every Oregon health facility. Imagine the health improvement and lives saved from real health care transformation that starts with patient safety.
Instead of focusing on patient safety, we have legislators holding forth about something they call “defensive medicine,” They are using that label as a tool to put arbitrary monetary limits on patients’ rights. Here is a modest proposal: If we’re going to talk about things like this, let’s resolve to get the facts straight.
The label “defensive medicine” presumably refers to tests ordered by a provider for purposes of preventing or defending against a lawsuit. A provider who orders testing with no therapeutic value commits insurance fraud, violates Oregon law, and ignores the first rule of medical ethics to do no harm. The doctor who orders unnecessary tests puts the patient at risk by subjecting the patient to an unnecessary medical procedure. And legislators think that Oregon doctors routinely order unnecessary tests, committing Medicare or insurance fraud and putting patients at risk because what? To keep insurance premiums lower? Really?
In the same opinion piece there was a second solution to “the problem.” There is a reason for the quotes: No one has ever identified the problem. Even for lack of a problem, some Oregon legislators seek to impose a two-tier justice system. Under the plan that is a solution in search of a problem, the two-tier system would mean two levels of justice. The first tier is reserved for individuals with private insurance. The second tier is for patients on the Oregon Health Plan (OHP).
The new legislation would strip OHP patients a basic constitutional right to trial by jury and instead and would limit or cap how much OHP patients can sue for when they are injured due to negligent, substandard medical care. That’s right, under the solution to the non-problem OHP patients claims would be limited even when a provider gives care that is proven to be negligent.
The legislators pushing this agenda presumably are doing it in the name of lower doctor malpractice premiums. What they are not saying is that this solution to non-problem has been tried in other states. The result: No noticeable effect on doctor liability insurance premiums.
Under this emerging plan, if you have the good fortune to have your own insurance, you would be able to hold a negligent care provider accountable for substandard or negligent care. If a surgeon mistakenly amputates the wrong leg and you are on OHP, the two-tier system of justice would limit your access to justice, no matter how egregious the negligence, no matter how high your lifetime medical costs, no matter your life situation. And this limit would take the form of a fixed limitation set by the Oregon Legislature. Because those who believe that their solution is necessary are also dead certain that the Oregon Legislature is better able to set damages in all cases than a jury that decides each case on the evidence.
It’s time that the political agenda of the few take a back seat to patient safety. It is time to make certain that health care transformation puts patient safety first.
Nearly everything about how modern American medicine is organized is BAD for patient safety and INVITES DANGEROUS ERRORS that hurt people.
NASA, the submarine force, the aerospace industry, and computer manufacturing are just a few example of where errors are systematically studied and analyzed and changes made TO PREVENT THE SAME MISTAKES FROM HAPPENING AGAIN AND AGAIN.
But hospitals (especially) and medicine as a whole fight tooth and nail to resist all of the best practices designed to eliminate dangerous errors. There is a problem that high malpractice premiums highlight -- but that problem is a "system" that systematically ignores patient safety. Instead of focusing on reducing the harm from errors, they concentrate almost all efforts on preventing the victims of these systemic errors from trying to seek justice.
As an attorney who focuses on consumers, elders, and nonprofits, I don't have a dog in this fight - I'm not writing as someone who brings claims over violations of patient safety.
But as someone with a lot of training in identifying and managing high-risk operations safely, I know that I'm always floored when I go to hospitals and clinics by how absolutely primitive these places are in their (dis)organization, and how often it's just a matter of luck that even more people aren't hurt by their dealings with the medical system. Here's the original post:
Memo to the Oregon Legislature:
Healthcare Transformation Starts with Patient Safety
The Oregon Legislature is back in session and grappling with proposed health care transformation. Yesterday, we learned that some legislators are more concerned about “defensive medicine” and putting an arbitrary limit on access to justice for Oregonians who are on the Oregon Health Plan or Medicaid rather than they are about keeping patients safe.
Did you know that more than 98,000 Americans die every year from medical errors? Here is some context: That number is equivalent to a 747 jet liner crashing every day of the year killing all on board. So when we talk about healthcare transformation, shouldn’t we really be talking about patient safety?
We need to focus on the real problem with health care delivery and that is keeping patients safe and informed. Recently, Legacy Emanuel participated in a national study where they implemented simple procedures and check lists for all hospital staff to follow. You know, things like washing your hands between each patient, making certain all medical equipment is accounted for before finishing a surgery, that the patient is the same person as the chart on the end of their bed.
According to the Oregonian’s report on that study, Legacy saved over $13 million in one year, cut down on medical errors and significantly lowered their infection and injury rates. Imagine the cost savings if these check lists and procedures were implemented in every Oregon health facility. Imagine the health improvement and lives saved from real health care transformation that starts with patient safety.
Instead of focusing on patient safety, we have legislators holding forth about something they call “defensive medicine,” They are using that label as a tool to put arbitrary monetary limits on patients’ rights. Here is a modest proposal: If we’re going to talk about things like this, let’s resolve to get the facts straight.
The label “defensive medicine” presumably refers to tests ordered by a provider for purposes of preventing or defending against a lawsuit. A provider who orders testing with no therapeutic value commits insurance fraud, violates Oregon law, and ignores the first rule of medical ethics to do no harm. The doctor who orders unnecessary tests puts the patient at risk by subjecting the patient to an unnecessary medical procedure. And legislators think that Oregon doctors routinely order unnecessary tests, committing Medicare or insurance fraud and putting patients at risk because what? To keep insurance premiums lower? Really?
In the same opinion piece there was a second solution to “the problem.” There is a reason for the quotes: No one has ever identified the problem. Even for lack of a problem, some Oregon legislators seek to impose a two-tier justice system. Under the plan that is a solution in search of a problem, the two-tier system would mean two levels of justice. The first tier is reserved for individuals with private insurance. The second tier is for patients on the Oregon Health Plan (OHP).
The new legislation would strip OHP patients a basic constitutional right to trial by jury and instead and would limit or cap how much OHP patients can sue for when they are injured due to negligent, substandard medical care. That’s right, under the solution to the non-problem OHP patients claims would be limited even when a provider gives care that is proven to be negligent.
The legislators pushing this agenda presumably are doing it in the name of lower doctor malpractice premiums. What they are not saying is that this solution to non-problem has been tried in other states. The result: No noticeable effect on doctor liability insurance premiums.
Under this emerging plan, if you have the good fortune to have your own insurance, you would be able to hold a negligent care provider accountable for substandard or negligent care. If a surgeon mistakenly amputates the wrong leg and you are on OHP, the two-tier system of justice would limit your access to justice, no matter how egregious the negligence, no matter how high your lifetime medical costs, no matter your life situation. And this limit would take the form of a fixed limitation set by the Oregon Legislature. Because those who believe that their solution is necessary are also dead certain that the Oregon Legislature is better able to set damages in all cases than a jury that decides each case on the evidence.
It’s time that the political agenda of the few take a back seat to patient safety. It is time to make certain that health care transformation puts patient safety first.
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