OBJECTIVE: We set out to determine if there is an increased medical malpractice lawsuit rate when trauma patient cases are presented at an open, multidisciplinary morbidity and mortality conference (M&M). INTRODUCTION: Patient safety proponents emphasize the importance of transparency with respect to medical errors. In contrast, the tort system focuses on blame and punishment, which encourages secrecy. Our question: Can the goals of the patient safety movement be met without placing care providers and healthcare institutions at unacceptably high malpractice risk? METHODS: The trauma registry, a risk management database, along with the written minutes of the trauma morbidity and mortality conference (M&M) were used to determine the number and incidence of malpractice suits filed following full discussion at an open M&M conference at an academic level I trauma center. RESULTS: A total of 20,749 trauma patients were admitted. A total of 412 patients were discussed at M&M conference and a total of seven lawsuits were filed. Six of the patients were not discussed at M&M prior to the lawsuit being filed. One patient was discussed at M&M prior to the lawsuit being filed. The incidence of lawsuit was calculated in three groups: all trauma patients, all trauma patients with complications, and all patients presented at trauma M&M conference. The ratio of lawsuits filed to patients admitted and incidence in the three groups is as follows: All Patients, 7 lawsuits/20,479 patients (4.25 lawsuits/100,000 patients/year); M&M Presentation, 1 lawsuit/421 patients (29.6 lawsuits/100,000 patients/year); All Trauma Complications, 7 lawsuits/6,225 patients (14 lawsuits/100,000 patients/year). Patients with a complication were more likely to sue (P < 0.01); otherwise, there were no statistical differences between groups. CONCLUSIONS: A transparent discussion of errors, complications, and deaths does not appear to lead to an increased risk of lawsuit.
OBJECTIVE: We set out to determine if there is an increased medical malpractice lawsuit rate when traumapatient cases are presented at an open, multidisciplinary morbidity and mortality conference (M&M). INTRODUCTION:Patient safety proponents emphasize the importance of transparency with respect to medical errors. In contrast, the tort system focuses on blame and punishment, which encourages secrecy. Our question: Can the goals of the patient safety movement be met without placing care providers and healthcare institutions at unacceptably high malpractice risk? METHODS: The trauma registry, a risk management database, along with the written minutes of the trauma morbidity and mortality conference (M&M) were used to determine the number and incidence of malpractice suits filed following full discussion at an open M&M conference at an academic level I trauma center. RESULTS: A total of 20,749 traumapatients were admitted. A total of 412 patients were discussed at M&M conference and a total of seven lawsuits were filed. Six of the patients were not discussed at M&M prior to the lawsuit being filed. One patient was discussed at M&M prior to the lawsuit being filed. The incidence of lawsuit was calculated in three groups: all traumapatients, all traumapatients with complications, and all patients presented at trauma M&M conference. The ratio of lawsuits filed to patients admitted and incidence in the three groups is as follows: All Patients, 7 lawsuits/20,479 patients (4.25 lawsuits/100,000 patients/year); M&M Presentation, 1 lawsuit/421 patients (29.6 lawsuits/100,000 patients/year); All Trauma Complications, 7 lawsuits/6,225 patients (14 lawsuits/100,000 patients/year). Patients with a complication were more likely to sue (P < 0.01); otherwise, there were no statistical differences between groups. CONCLUSIONS: A transparent discussion of errors, complications, and deaths does not appear to lead to an increased risk of lawsuit.
Authors: Alisa Khan; Maitreya Coffey; Katherine P Litterer; Jennifer D Baird; Stephannie L Furtak; Briana M Garcia; Michele A Ashland; Sharon Calaman; Nicholas C Kuzma; Jennifer K O'Toole; Aarti Patel; Glenn Rosenbluth; Lauren A Destino; Jennifer L Everhart; Brian P Good; Jennifer H Hepps; Anuj K Dalal; Stuart R Lipsitz; Catherine S Yoon; Katherine R Zigmont; Rajendu Srivastava; Amy J Starmer; Theodore C Sectish; Nancy D Spector; Daniel C West; Christopher P Landrigan; Brenda K Allair; Claire Alminde; Wilma Alvarado-Little; Marisa Atsatt; Megan E Aylor; James F Bale; Dorene Balmer; Kevin T Barton; Carolyn Beck; Zia Bismilla; Rebecca L Blankenburg; Debra Chandler; Amanda Choudhary; Eileen Christensen; Sally Coghlan-McDonald; F Sessions Cole; Elizabeth Corless; Sharon Cray; Roxi Da Silva; Devesh Dahale; Benard Dreyer; Amanda S Growdon; LeAnn Gubler; Amy Guiot; Roben Harris; Helen Haskell; Irene Kocolas; Elizabeth Kruvand; Michele Marie Lane; Kathleen Langrish; Christy J W Ledford; Kheyandra Lewis; Joseph O Lopreiato; Christopher G Maloney; Amanda Mangan; Peggy Markle; Fernando Mendoza; Dale Ann Micalizzi; Vineeta Mittal; Maria Obermeyer; Katherine A O'Donnell; Mary Ottolini; Shilpa J Patel; Rita Pickler; Jayne Elizabeth Rogers; Lee M Sanders; Kimberly Sauder; Samir S Shah; Meesha Sharma; Arabella Simpkin; Anupama Subramony; E Douglas Thompson; Laura Trueman; Tanner Trujillo; Michael P Turmelle; Cindy Warnick; Chelsea Welch; Andrew J White; Matthew F Wien; Ariel S Winn; Stephanie Wintch; Michael Wolf; H Shonna Yin; Clifton E Yu Journal: JAMA Pediatr Date: 2017-04-01 Impact factor: 16.193
Authors: Kjetil Søreide; Andreas J Krüger; Anne Line Vårdal; Christian Lycke Ellingsen; Eldar Søreide; Hans Morten Lossius Journal: World J Surg Date: 2007-11 Impact factor: 3.352
Authors: Tapio Hakala; Jaana Vironen; Sari Karlsson; Jarkko Pajarinen; Eero Hirvensalo; Hannu Paajanen Journal: World J Surg Date: 2014-04 Impact factor: 3.352