Joel S. Weissman, Ph.D. Mass. Gen. Hospital/Harvard Med. School Harvard Quality Colloquium. August 22, 2005

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The Path Toward Achieving the IOM Goal of Transparency: What Do Hospital Executives Think about Reporting and Disclosure of Medical Errors? Joel S. Weissman, Ph.D. Mass. Gen. Hospital/Harvard Med. School Harvard Quality Colloquium August 22, 2005

The IOM had 4 messages: 1. Errors are serious. 2. The system is at fault not people. 3. We need to redesign the systems, and the systems need to be transparent. 4. This is a national issue.

Important errors from the perspective of patient safety A Taxonomy of Medical Errors What Should be Reported? Who Should Report? How Should They Be Reported? Errors Non-preventable AEs Potential AEs (No Injury) Preventable

Background: States Have Begun to Report Medical Errors to the Public The IOM recommended establishing both mandatory and voluntary reporting systems Twenty-one states in 2003 had mandatory event reporting systems (NASHP, 2003) Under reporting has been a serious issue facilities lack of internal systems uncertainty about reporting requirements culture of non-reporting fear of publicity and fear of liability.

Why Should States Collect Incident Reports? Learn patterns of errors before they result in widespread harm Keep hospitals and nursing homes accountable to the public Information to insurers on which to base selection of preferred providers

Another Possible Use of State Incident Reports: Informing the patient

Why Disclose to Patients? JCAHO Standard (RI.1.2.2): Patients and, when appropriate, their families are informed about the outcomes of care, including unanticipated outcomes Other Reasons Ethical duty Legal implications Improve patient-physician communication Reduce risk exposure Improve provider state-of-mind Improve quality of care

Massachusetts Department of Public Health AHRQ Patient Safety Grant Award Aim 1-Evaluate and Improve MARS Aim 2 - Develop and Implement Best Practices Aim 3 - Survey Hospital Leaders in 6 states Aim 4 - Survey recently hospitalized patients in Massachusetts about experiences in hospital

Aim 3 Objectives SURVEY OF CEOs and COOs Attitudes and experiences with state mandatory reporting systems Policies and practices with disclosure of errors to patients

State Sample - Spectrum of Reporting Systems as of 2001-2002 Mandatory non-confidential Massachusetts Colorado Mandatory confidential Pennsylvania Florida Non-mandatory (at time of survey) Georgia Texas All acute care hospitals in Massachusetts ** Random Sample of 50 hospitals in other states

Methods Questionnaire development via focused interviews with former hospital leaders and experts Cognitive testing Are hospital executives human subjects? Telephone interview administered by the UMASS Center for Survey Research: Winter, 2002-03 Results weighted to reflect sampling and response rates

Outline of Interview Patient safety / Safety Culture as a hospital priority Attitudes toward mandatory state reporting systems Incident vignettes What is likely to be reported? Attitudes and practices around disclosing medical errors to patients

Interview subjects: Hospital Patient Safety Leaders Hospital Executives (CEOs, COOs) Any other safety leader CMO or VP Health Risk manager Patient Safety Officer (if different from CMO)

Study Respondents CEOs/COOs n (%) Any Safety Leader* n (%) Total A 60 (79%) 72 (95%) 76 O 34 (68%) 47 (94%) 50 L 27 (54%) 45 (90%) 50 A 26 (52%) 45 (90%) 50 A 31 (62%) 47 (94%) 50 X 27 (54%) 45 (90%) 50 otal 205 (63%) 301 (92%) 326 (100%) * - CEO, COO, CMO, Risk Manager, or Patient Safety Offcr

How often is the topic of patient safety on the agenda at? Pct CEOs/COOs Answering "Always" or "Usually" 100% 80% 60% 40% 20% State Reporting System of Respondent Mandatory, Non-Conf Mandatory, Conf. Non-Mandatory 0% Board Meetings Exec. Comm. Meetings

Patient Safety Culture in the Six Study States In your hospital, how would you rate the priority of? Percent of Hospital CEOs/COOs Very High High Finding out about root causes when patients harmed 83% 16% Identifying hospital procedures to improve safety 62 36 Protecting staff who report from negative consequences 60 36 Finding out who was at fault 37 33

Opinions About the Effect of State Mandatory Reporting Systems with Public Disclosure Discourages Encourages elihood of king rnal Reports 68% 64% 73% 69% 7% 10% 7% 8% elihood of Filing suits 1% 6% 0% 3% 1 % 70% 79% 82% 79% Mandatory/Non-confidential Mandatory-Confidential Non-Mandatory TOTAL P=.05

What Effect Does a Mandatory State Reporting System (with Public Disclosure) have on Actual Patient Safety? tate Reporting System of Respondent Negative Effect Effect Positive Effect Effect Mandatory-Non-Confidential 30% 29% andatory-confidential Non-Mandatory 43% 17% 22% 35% TOTAL 32% 28% P=.07

Taking everything into consideration, which type of mandatory system would reduce errors the most? A system that 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 2% 6% 6% 4% 22% 90% 94% 76% makes public both the hospital and the individuals? makes public only the hospital name? keeps confidential both the hospital and the individuals? Mandatory, Mandatory, Mandatory, Mandatory, Non- Non- Non- Non- Confidential Confidential Mandatory Mandatory rv Qual Colloquium Confidential Confidential 2005 States States States States States States P =.004

Vignette I A hospitalized patient is discovered to have a urinary tract infection. A physician orders Bactrim to treat the infection, not realizing that the patient has a previously documented severe allergy to this drug. Severe Outcome - Coma Moderate Outcome breathing; rash; but resolves Minor Outcome No symptoms

% % % % % How Often (Hypothetically) Would This Kind of Incident Be Reported to the Agency? Vignette 1: Urinary tract infection, failure to note allergy 96% 98% 19% P<.01 42% Severity of Injury 3% 20% Type of State Mandatory, Non-Confiden Mandatory, Confidential Severe Moderate Minor

How Often Would This Incident 1) Be Reported the State Agency or 2) Be Disclosed to the Patient? 100% 75% 50% 25% 0% Mandatory, Non-Confidential States Vignette 1: UTI, failure to note allergy 96% 100% 83% P<.01 REPORTED/ DISCLOSED: 47% To State 19% 3% To Patient Severe Moderate Minor SEVERITY OF INJURY

When Should the Agency Tell the Family About An Incident That s Been Reported? ondents from States with Mandatory Systems Always 33% Other Circumstances Under Which Agency Should Tell the Family Sometimes 16% 100% 80% 60% 40% 60% 91% Never 51% 20% 0% 20% Upon Upon request request from from patient patient or or family family Upon Upon release release to to the the press press When When there is is harm harm to to the the patient

What Sorts of Events Are Disclosed Under Hospital s Policy? Among 86% with a disclosure policy Percent of Hospital CEOs/COOs Serious injuries believed to be result of error 98% Minor injuries believed to be result of error 87% Injuries that are not the result of errors 65% Errors that do not harm patients 31%

Does Hospital s Disclosure Policy? Among 86% with a disclosure policy Percent of Hospital CEOs/COOs Address apologizing? 68% Address adjusting fees incurred as result of incident? 31% Mention possibility of compensation for damages? 8% 58% said that the hospital always or usually volunteers to cover additional costs (extended stay, test, procedures) that patient incurs as a result of the incident 87% of all hospital executives report that their hospital has run workshops or seminars to help staff learn about disclosure

Would an aggressive policy toward error disclosure in your hospital increase, decrease or have no effect on Decrease Increase the likelihood of hospital being sued? 41% 31% patient confidence in the hospital? 27% 55% the reputation of the hospital? 24% 47%

Study Limitations CEOs/COOs may not be on front line of error reporting in their hospital 63% response rate may be subject to bias Perceptions are not the same as actual practice -- subject to social desirability bias

Summary and Conclusions - I Safety was relatively high on the agendas of hospital executives, but safety culture could improve Hospital executives did not generally perceive the val of mandatory state reporting systems, and had strong reservations about non-confidentiality To some extent, familiarity breeds acceptance States may be missing patient safety events importan enough to be disclosed to patients, and therefore potentially of value to improving patient safety.

Summary and Conclusions - II At the time of the study, few, if any, state agencies routinely informed the affected patient or family when an incident had been reported. Instituting such a practice would help foster the goal of transparency. Policies toward error disclosure was widespread, but content was limited. Further staff education in disclosure may be recommended

Practical Advice: Number 5 on Top Ten List of How Not to Do Error Disclosure

END of Presentation