Patients, doctors and health managers would all benefit from the introduction of a system requiring healthcare professionals to disclose medical accidents promptly, a conference has heard.
There is a compelling case for creating a legal “duty of candour” for victims of medical negligence, according to speakers at the conference organised by two patient advocacy groups.
The current adversarial approach to medical accidents and complaints prolongs pain for families, as they are forced to battle with the system for compensation on behalf of their loved one, delegates were told. A more open system would see all healthcare professionals obliged to reveal when a medical accident takes place at the earliest possible opportunity, according to Peter Walsh, chief executive of Action against Medical Accidents.
“Someone who goes into a hospital and through no fault of their own has their health compromised and their quality of life diminished. The current system of ‘defend and deny’ is undermining these individuals,” Mr Walsh said.
Dr Timothy McDonald, chief safety and risk officer for health affairs at the University of Illinois, said a duty of candour might seem counter-intuitive from a financial viewpoint, given that it notifies patients early on about medical mistakes. However, since a similar system was introduced in Illinois, malpractice premium expenses had dropped by $22 million over three years and claims have fallen by up to 50 per cent.
“Patients are less likely to sue when a hospital is forthcoming and transparent,” he said. Up to 60-70 per cent of law suits go away without payment once doctors and hospitals share all information.
UCD economist Moore McDowell said the true financial cost of medical accidents is a significant multiple of the headline figure in the HSE accounts. The economically rational and avoidable level of accident-related costs in the HSE sector is about €250-400 million a year.
Supreme Court judge Mr Justice Liam McKechnie said the justice system must ensure that where harm has been caused proper access to an effective remedy must be available and, where required, all necessary support must be provided.
