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Table of Contents

Think

Assess

 Patient: Autonomy

 Practitioner: Beneficence & Nonmaleficence

 Public Policy: Justice

Conclude

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16. Errors 

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A careful medical practitioner … before they attempt to administer a remedy to their patient, the medical practitioner must investigate the patient’s malady they wish to cure, the patient’s habits when in health, and the patient’s physical constitution.
~ Marcus Tullius Cicero

Abstract

The patient-practitioner relationship is built on trust and confidentiality of protected health information (PHI). The patient has the right to be informed about all medical errors that may affect their medical care and make an informed consent decision, violating this right is a violation of the patient’s autonomy, legal, professional and moral rights. The practitioner’s professional principles of beneficence (do good) and nonmaleficence (do no harm) require that errors be disclosed in a timely manner to maximize the patient’s best interests. As a matter of justice, the patient has the right to know about medical errors and the practitioner has a duty to report errors to the institution so an institutional root cause analysis can occur. Failure to disclose medical errors and report them to the institution is a legal, professional, moral, and institutional policy violation. The practitioner has a professional and moral obligation to disclose medical errors, apologize, and take responsibility for the error regardless of its impact on the patient’s medical care.

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Think 

[16:1] The patient-practitioner relationship is a social-contract that establishes a relationship grounded on protected health information (PHI), confidentiality, and mutual trust. Honesty and transparency reflect this trust, and lying and not revealing information relevant to the patient’s medical care, such as a medical error, violates this patient-practitioner relationship, which is the very foundation of the art of medicine. Therefore, regardless of the practitioner’s sentiments, the practitioner must inform the patient about all errors that might have a direct medical effect on the patient and communicate all information needed for the patient to make an autonomous informed consent decision.

Assess
Patient: 1) Autonomy

[16:2] Without the knowledge of medical errors, the patient will not be substantially autonomous. The provision of manipulative information, meaning the willful disclosure of only selective information towards the goal of determining a patient’s decision, is a direct violation of “freedom,” a necessary condition of the principle of autonomy or informed consent. Under manipulation conditions, such as concealed errors, the patient’s consent is not substantially informed. Not revealing medical errors is a violation of patient autonomy’s legal, professional, and moral rights.

[16:3] A patient has the negative right of autonomy, meaning that others have an obligation of not interfering with the patient’s informed consent decision-making process. A practitioner not revealing medical errors violates the patient’s negative rights. 

[16:4] A patient has the positive right of autonomy, meaning that others have an obligation to provide the patient with information relevant to making informed consent decisions. A practitioner not revealing medical errors violates the patient’s positive rights. The practitioner not revealing medical errors violates the patient’s negative and positive rights to make an autonomous informed consent decision.

[16:5] Since the patient did not provide an informed consent authorizing the practitioner to commit the treatment error, it follows that all medical errors are a violation of informed consent. 

Practitioner: 2) Beneficence & 3) Nonmaleficence

[16:6] The professional principles of beneficence (do good) and nonmaleficence (do no harm) require that the practitioner maximizes the patient’s best interests using the patient’s reasonable goals, values, and priorities. Except for very unusual circumstances, such as placebos for clinical trials, or therapeutic privilege for situations in which the information would cause serious harm to the patient or others, it is professionally expected that all errors that relate to the patient’s medical care be disclosed to the patient in a timely fashion. Being honest and informative about errors is considered professionally necessary to maximize the patient’s best interests.

[16:7] There are therapeutic benefits when the practitioner apologizes for errors made by one or more members of the practitioner’s medical team and when the practitioner takes full responsibility for the error. The art of medicine as a practice of evidence-based medicine, together with its probabilistic uncertainties and complexities, makes it inevitable that errors will happen from time to time. What the practitioner does when such errors occur will reflect the practitioner’s character and ability to behave professionally and not violate the patient-practitioner relationship. Not revealing the error to the patient would be a violation of beneficence (do good) and nonmaleficence (do no harm).

[16:8] A healthy patient-practitioner relationship psychologically results in more open and honest discussions by the patient and physiologically results in better patient medical outcomes, maximizing the patient’s best interests.

Public Policy: 4) Justice

[16:9] As a matter of justice (be fair), the patient has the right to know and be substantially informed of all medical errors related to the patient’s medical treatment. As a negative right, nobody should interfere in the patient gaining truthful information about their medical care. As a positive right, the practitioner and health care team must provide all relevant information to the patient’s care. Anything less than the communication of the error to the patient would be a violation of justice.

[16:10] The practitioner has a duty of nonmaleficence (do no harm) and beneficence (do good) to report any errors to the institution so that a root cause analysis can be conducted and mitigation policies implemented. Root cause analysis is a quality improvement measure that identifies: what, how, and why a preventable error occurred so that the institution can create policies and procedures to prevent similar errors from happening again. Examples of error mitigation procedures are the implementation of checklists, double-checking doses, and armband patient identification.

[16:11] Failure to report a medical error to the patient and the institution would be a legal, professional, moral, and institutional policy violation. Honest communication and personal accountability of medical errors are necessary for the institution, practitioner, and patient’s social-contract.

Conclude

[16:12] There is no equivocation regarding the practitioner’s professional and moral obligation to disclose medical errors, apologize for the error, and take full responsibility for the error regardless of whether or not the error had a negative impact on the patient’s medical care. 

[16:13] In summary, disclosing medical errors and addressing them transparently is crucial to preserving the patient-practitioner relationship and ensuring that patients can make informed decisions about their care. Practitioners must prioritize honesty, accountability, and institutional reporting to facilitate quality improvement measures and maintain a high standard of care. Upholding these values demonstrates a practitioner’s commitment to their professional and moral obligations and promotes a fair and just healthcare environment.

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16. Review Questions

1. Not reporting an error to a patient violates the practitioner-patient relationship, which is the foundation of the art of medicine.

2. A patient has a positive right of others providing information necessary for informed consent and a negative right of others not interfering with the patient’s informed consent decision-making process. A practitioner not revealing medical errors violates both the patient’s negative and positive rights. 

3. An error is not a violation of informed consent and should be considered to be part of the probabilistic uncertainties associated with the practice of medicine.

4. Root Cause Analysis:

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16. Clinical Vignettes

1. Ms. Stella Reyes, a 48-year-old network security specialist visits their practitioner for a routine check-up. During the examination, the practitioner realizes that they made a mistake in the patient's previous test results, and the patient has not been informed about it. What is the practitioner's most appropriate course of action?

2. Ms. Lana Ahmed, a 66-year-old lighting designer presents to the clinic for a routine check-up. During the visit, the practitioner realizes that a mistake was made during a previous procedure that could impact the patient's health. The patient has a right to be informed of any medical errors and to make informed decisions about their care, but the practitioner is faced with a dilemma. If the error is disclosed, it could violate the patient's right to make informed decisions because of the lack of trust in the practitioner that might ensue from the disclosure. However, if the error is not disclosed, it would interfere with the patient's positive right to be informed. Which of the following actions is the most appropriate for the practitioner in this situation?

3. Ms. Adriana Temple, a 72-year-old marine engineer presents to the emergency department with severe abdominal pain. The treating practitioner orders a CT scan to evaluate the source of the pain. During the scan, the technologist accidentally injects the patient with a contrast agent intended for another patient. The patient experiences an allergic reaction and requires medical treatment. Which of the following statements best describes the situation?

4. Mr. Isaiah Lee, a 61-year-old surveyor with a history of hypertension and diabetes presents to the hospital with complaints of chest pain and shortness of breath. The patient is diagnosed with acute myocardial infarction. Despite appropriate management, the patient deteriorates and passes away. As per institutional policy, an institutional root cause analysis (RCA) is conducted to identify the causes of the adverse event and implement quality improvement measures. The RCA team found that the delay in the administration of thrombolytic therapy was a significant factor in the unfavorable outcome of the patient. Which of the following best describes the purpose of conducting an institutional RCA?

5. Ms. Kelly Baker, a 29-year-old mobile app developer presents to their primary care provider with complaints of persistent headache and fatigue. During the examination, the practitioner realizes they had made a mistake in the patient's previous diagnosis and treatment plan. Which of the following actions should the practitioner take in response to this realization?

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16. Reflective Vignettes

1. Ms. Jane Smith, a 45-year-old kindergarten teacher, was admitted to the hospital with symptoms of dehydration, including fatigue, dizziness, and dry mouth. The attending practitioner conducted a physical examination and ordered an IV drip to rehydrate Ms. Smith. However, when filling out the prescription, the practitioner made a typo and inadvertently under-dosed the prescription. A nurse, Nurse John, who was reviewing the orders, noticed the error and immediately informed the practitioner.

The practitioner acknowledged the mistake and thanked Nurse John for her vigilance. Nurse John corrected the dosage error, and the medication was administered to Ms. Smith without any harm done to the patient. Details of the event were recorded in the medical records, the patient was fully informed, and the incident was reported to the hospital's quality improvement department, conducting a root cause analysis, and implementing corrective actions to prevent similar incidents in the future..

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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2. Ms. Sarah Johnson, a 75-year-old retired nurse, was under hospice care due to a terminal illness. She had a DNAR order in her medical records, which meant that healthcare providers were not to perform CPR if her heart stopped. The attending practitioner was administering an IV drip to Ms. Johnson when they inadvertently made an error, resulting in Ms. Johnson going into cardiac arrest. The differential diagnosis for Ms. Johnson's cardiac arrest could include factors such as anaphylaxis, pulmonary embolism, or severe electrolyte imbalances. However, in this case, it was clear that the cause of the cardiac arrest was due to the practitioner's medication error. What should the practitioner do, and what are the various consequences that could befall the patient and the practitioner based on each option, and outcomes?

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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16c* 

Mr. Charles Cody, a 70-year-old retired mechanic with multiple medical problems, had been admitted to the hospital four times in the last month due to a worsening of his overall condition. Hospice had been recommended for Mr. Cody, but his offspring wanted aggressive management. During the current admission, the attending practitioner accidentally gave Mr. Cody a dose of medication that was too high, resulting in cardiac arrest and his subsequent death. The differential diagnosis for Mr. Cody's multiple medical problems could include conditions such as heart failure, chronic obstructive pulmonary disease (COPD), and renal failure. However, in this case, it was the medication error that ultimately led to his death.

  • A. Do not report the error. The patient had less than six months to live, and no harm was really done.
  • B. Do not report the error. The medical liability consequence is so much worse than the consequence to the patient.
  • C. Report the error to the patient’s family and the hospital administration. The family has a legal and moral right to know, and the hospital administration needs to know so that they can perform a root cause analysis.
  • D. Report the error to hospital administration so they can prevent future errors. It is not necessary to inform the family. 
  • E. Report to the family if they are willing to keep the disclosure secret from the hospital administration.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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