Friday, October 23, 2015

2:00 PM - 3:00 PM

L1A

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Details

Avant Mutual session presented by Dr Richard Wilson. Claims relating to a delay in, or failure to diagnose generally arise due to a combination of factors. The most common and expensive claims relate to delays in diagnosis of malignancy, cardiac conditions, infections that are life- or limb-threatening and neurological conditions. Claims generally involve a failure of one or more of the following aspects: • clinical error • poor documentation • system failures and • poor communication. A patient’s decision to take legal action or complain against a health practitioner may be prompted by perceived insensitive handling, poor communication or delay in management after an adverse clinical incident. Often, the focus of patients' hurt and anger is not the injury itself, but the failure of a health professional do the right thing' in the aftermath of the event. Open disclosure describes the way clinicians communicate with patients who have experienced harm during health care. Open disclosure involves a factual account of what happened, discussion of the potential consequences of the adverse event, and an exchange of information. A key element of the open disclosure process is an apology or expression of regret, which should include the words "I am sorry" or "we are sorry". An apology is not intended to be, and should not be seen, as an admission of liability or a statement casting blame on some other person or organisation. All jurisdictions in Australia have 'apology' laws - statutory provisions that protect statements of apology or regret made after "incidents" from subsequent use in various legal contexts. An aim of this protective legislation is to create an environment where doctors can feel comfortable expressing regret to patients.