Doctor Study Reporting Errors?

Another study has been published about doctors failing to self-report mistakes, despite consensus that doctors should. The new study by the University of Iowa (Go Hawks!) surveyed 338 doctors at three unidentified teaching hospitals. 17% of respondents admitted failing to report “minor” errors (defined as mistakes that prolonge treatment or cause discomfort). 4% of respondents admitted failing to report mistakes that caused disability or death. Lead researcher Lauris Kaldjian was troubled that fewer than half of the respondents stated that they would report hypothetical errors. He said that doctors and other medical professionals should follow the airline industry, which encourages pilots to report every error to check for systemic flaws.

One continues to wonder why doctors would not report errors considering the favorable treatment they receive from politicians and legislatures. The Commonwealth of Virginia’s medical board has reprimanded 2 doctors for their handling of births that resulted in devastating, lifelong injuries to infants during delivery. Both of the affected families were blocked from suing the doctor and hospital because of the commonwealth's 20-year-old, no-fault Birth-related Neurological Injury Compensation Act. In addition, the public reprimands neither fine nor limit the doctors ability to practice medicine. There will, however, be a notation in their permanent records.

The doctors are: Dr. Evelyn Anna Ruelaz of Fairfax County and Dr. Regina Burton of Woodbridge.

To learn more about medical malpractice issues, please see our website at medical malpractice law.  To learn more about our medical malpractice lawyer, John Sellinger, please click medical malpractice lawyer maryland, or watch his medical malpractice video.

Doctors Reporting on Doctors

The American College of Physicians published a new report in its publication The Annals of Internal Medicine. The report was a survey of over 1,600 physicians during the period of November 2003 to June 2004 regarding whether or not they reported violations of professional codes by other physicians. Although 96% of responding physicians stated that physicians should report impaired or incompetent colleagues, only 45% of respondents who had encountered impaired or incompetent physicians actually reported them. Cardiologists were the least likely of all medical specialists to report a serious medical error of which they had direct knowledge. Family practitioners were the least likely to report an impaired or incompetent colleague (Cardiologists were second by only 0.8%). Jack Lewin, CEO of the American College of Cardiology, says that cardiologists are more likely to handle such problems within their practice groups as opposed to, presumably, reporting such instances to the appropriate authorities.

First, can we please have the names of the doctors in the 4% who do not think mistakes, incompetency and impairment should be reported?

Second, this study only gives further proof of an important argument. As convenient as it is for doctors, insurance companies and politicians to scream about the rising costs of medical malpractice litigation and plaintiffs’ lawyers, the real problem cannot be ignored. Doctors are simply not well regulated. Bad doctors continue to practice without discipline. Doctors fail to report mistakes and incompetency in their colleagues. This type of behavior is not only in direct opposition to the requirements of the Hippocratic Oath but it’s also morally reprehensible. Eric Campbell, the lead author of the study and an assistant professor at Massachusetts General Hospital's Institute for Health Policy, said that "failing to report incompetent physicians and allowing them to practice will have an impact on the welfare of patients...It's clearly something that people should be aware of."

In comparison, lawyers have an ethical duty to report such errors or incompetency in their lawyers. Failure to do can result in discipline for the non-reporting lawyer. Doctors should be held so accountable.

Other notable results from the survey:

  • a majority of responding doctors said they would refer patients to an imaging facility (e.g., for an MRI) in which they had a financial interest, but only 24% would actually tell theirpatients of that financial interest. 
  • while 93% said doctors should provide necessary medical care regardless of a patient's ability to pay, only 69% currently accept uninsured patients who are unable to pay

To learn more about medical malpractice issues, please see medical malpractice law.  To learn more about our medical malpractice lawyer, John Sellinger, please click on medical malpractice lawyer maryland, and read the firm bio.