Doctor’s Admission that “Medical Errors are Our Bad” - May Get Attention in Health Care Bill

Enough people are talking about the pros and cons of the guts of the health care bill that we probably don’t need to stick our PopTort nose(s) in it, too.  But we do have to say that when it comes to liability issues, we are relieved to see the strong patient safety focus in the Senate’s Manager’s Amendment (the recently negotiated Senate bill).  See the bill at p. 344.  

Here is some of what we like about it: it proposes to give money to states to consider litigation alternatives, but only programs that are shown to improve patient safety, are voluntary and allow patients to opt, and do not limit a patient’s legal rights.  Clearly, if this passes (the House bill currently has something similar), we will have our battles at the state level as certain well-funded forces try to impose anti-patient measures like “Health Courts.”  But we’ll cross that bridge, as they say….

Whatever is done, we hope it works to reduce errors, but not just in hospitals, (here, here, here, for example) but also those of incompetent individual doctors, who by the way already have more liability protections for their negligence than any other profession in the country. 

That reminds us, there was a fascinating interview published in the December 17 online New York Times column, “Doctor and Patient” with Dr. Robert M. Wachter, renowned physician and patient safety expert, who noted, “I can lose my hospital privileges if I fail to sign a dictated discharge summary or operative note. But if I don’t clean my hands for the next 10 years, nothing will happen to me. … Medical mistakes are our bad. Why should patients bear the responsibility to receive the right medication or to have the correct leg amputated? When I get on a plane, I don’t worry about safety and errors.”

He also noted, “As doctors, we have to admit first that we don’t deliver care that is of the quality and safety our patients deserve. Then we have to get past our professional arrogance. We don’t have the answers to all of these issues, and we have to be open to others who may have the answers or who can approach it from different angles.”

So I guess we'll see!