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Heated Debate Surrounding Oregon Health Care Reform and Malpractice Caps

There has been a significant amount of debate surrounding recent efforts to reform health care in Oregon. Legislators are divided on the issue of caps for medical malpractice lawsuits. Senate Bill 1580 would limit Oregon malpractice cases and other types of lawsuits to roughly $570,000 for clinics, hospitals, doctors and other healthcare providers.

Those in favor of malpractice caps are threatening to block the health care reform bill's passage unless the limits are included. Proponents of caps argue they are necessary to reform. However, critics point to studies that indicate such limits don't produce touted savings, and stress the need for doctor accountability and the importance of the larger issue of patient safety.

Hospital Errors Continue: What are the Answers?

All the technology and medical advancements made in the past few decades have done little to solve the problem of medical errors. According to the Joint Commission, wrong-site surgeries occur up to 40 times each week in the U.S. A recent report from the federal government found medical mistakes contribute to the deaths of an estimated 15,000 Medicare patients each month. Statistics like these indicate hospital negligence is one of the top three causes of death in the United States, following heart disease and cancer.

Despite being aware of this significant problem, hospitals have either been unable or unwilling to take steps to improve patient safety. There are a variety of reasons for this including: hospitals' hierarchical nature, lack of transparency, resistance to change and reluctance to make patient safety a top priority.

Kaiser Health News reported that hospitals could dramatically improve patient safety by taking a few basic steps. These include: consistent use of checklists to ensure all medical providers follow proper procedures, encouraging more collaboration and teamwork between doctors and nurses, and stressing the importance of hand washing to all employees.

Push to Improve Medical Error Reporting in Oregon

A recent study by the Department of Health and Human Services found that just one out of seven medical errors in hospitals is reported. Although the study mainly dealt with Medicare patients, the findings likely extend to all hospital patients.

Disturbingly, the types of medical errors or "adverse events" that didn't get reported included some major mistakes, even some which resulted in the death of the patient. Examples of adverse events include wrong site surgeries, hospital acquired infections and medication errors.

Reporting of Adverse Events By Oregon Hospitals

The Oregon Patient Safety Commission is hoping to significantly increase the reports of adverse events it receives voluntarily from over 50 hospitals in the state. In 2010, Oregon hospitals reported less than 150 adverse events, over 30 of which resulted in patient deaths. The Commission hopes the number of error reports will be up to 500 by 2015.

The Dangers of Distracted Doctors

There was a big push to make medical records electronic, implement e-prescribing systems and use technology so physicians had instant access to patient data. Everyone thought all this technology was a good thing for patient safety, and it has provided many benefits.

Unfortunately, the easy availability of electronic devices has also caused what is being termed "distracted doctoring," which puts patients at risks for surgical injuries and other forms of medical malpractice.

The New York Times recently reported on this issue, and found that "distracted doctoring" is a trend that seems to be on the rise at hospitals. For instance, in a survey over half of those technicians who monitor bypass machines admitted they spoke on their cellphones while heart surgeries were taking place.

One patient was left partially paralyzed after a neurosurgeon made at least 10 personal calls on a wireless headset during an operation. There are other reports of healthcare providers using computers in intensive care units to check personal emails and shop online.

Blame-Free Reporting of Medical Errors Encourages More Reporting

A new study has found that a system involving blame-free, anonymous reporting of medical errors results in increased medical-error reporting. This can help identify mistakes and procedural weaknesses so health-care providers can learn how to prevent them, thereby improving patient safety.

For the study, researchers from Levine Children's Hospital in Charlotte, North Carolina, trained a safety team at a large pediatric clinic on a new error-reporting system. Under the new system, all error reports would be anonymous and no one would be punished for making an error. The team comprised doctors and nurses as well as front desk staff and office managers, according to Reuters Health.

Electronic Medical Records May Threaten Patient Safety

A new report from the Institute of Medicine warns that electronic health records may pose a threat to patient safety. The Institute says the electronic record-keeping systems are poorly designed and confusing to use.

Electronic medical records do have many benefits. For example, they can prevent sometimes-deadly medication errors by alerting a doctor who is about to prescribe a drug that a patient is allergic to.

However, many of the record-keeping systems suffer from usability problems. The report warns that "designed and applied inappropriately, health (technology) can add an additional layer of complexity to the already complex delivery of health care, which can lead to adverse consequences." For example, the report noted that system crashes and software quirks can contribute to medication dosage errors and can cause doctors to miss the warning signs of a potentially fatal illness.

To make matters worse, competing software products are often unable to communicate with each other. Further, many suppliers' contracts prohibit doctors and hospitals from openly airing concerns about errors or defects in the software.

The Outsourcing of Radiology: Who is Reading Your X-ray?

Imagine you have a severe headache and call 911. An ambulance transports you to the ER where concerned doctors immediately order a CT scan of your brain. You probably assume a radiologist at the hospital will interpret the scan, and consult with your ER doctors about the proper diagnosis. For patients at many hospitals, however, the last part of this story unfolds much differently.

Now the radiologist reading your scan is often in a different hospital, state or even country. Teleradiology, where digital versions of X-rays, CT or MRI scans are sent to off-site radiologists, is commonplace. Some hospitals contract with an outside company for the reading of certain scans, while others have outsourced the entire department. "The majority of hospitals use teleradiology in one form or another," explained Jonathan Linkous, the CEO of the American Telemedicine Association.

No Interruption Zones Reduce Medication Errors

Creating a culture of patient safety has been an ongoing focus of the federal government, the medical community and patient advocacy organizations. While some medical providers have implemented high-tech safety processes such as diagnostic computer programs and interactive records systems. Other medical professionals have successfully reduced medication errors and improved patient safety in an extremely low-tech way: no interruption zones (NIZs.)

In 2008, medical errors cost the American public $17.1 billion dollars. Nearly 100,000 people die each year due to the common medical error of hospital-acquired infections. One in every seven Medicare recipients is a victim of medical errors, and medical errors occur in about one-third of all hospital admissions across the nation. Reduction of medical errors could save billions of dollars and countless lives.

In 2010, experts reported the 10 basic elements that contribute to medical errors. Among these elements, environmental factors were prominent. Caregiver distractions during drug administration or care administration increase the risk for adverse medical incidents. To solve this problem, professionals devised NIZs, also called quiet or med-zones, in which nurses could prepare orders without distractions.

Better Reporting Of Medical Errors in Oregon

All 58 of Oregon's community hospitals are now reporting medical errors to the Oregon Patient Safety Commission, valuable data for improving health care and preventing medical mistakes and hospital negligence.

While the unanimity of the compliance among hospitals is a good thing, it is a long time coming. The state's reporting initiative began in 2003. There is also room for significant improvement in the area of patient safety, with 34 patient deaths attributable to medical errors in 2010.

Gaps That Remain

Some sizable gaps remain in the medical error reporting system. Fifty percent of surgery centers are not reporting, and twenty-five percent of nursing homes are not participating.

There is also a lack of participation from pharmacies. Oregonian reporter Nick Budnick examined the issue and found "the Oregon Board of Pharmacy receives about 600 complaints a year." However, according to the Commission's report, pharmacies reported just six errors since fall 2008.

Removal of Medical Malpractice Database Protested

Several journalism organizations are protesting the removal of The National Practitioner Data Bank, a government database of malpractice and disciplinary actions against doctors, from the internet.

Since 1986 the database has been used by hospitals, insurers and medical boards. Additionally, the "public use file" of the database is frequently utilized by journalists or researchers looking into medical malpractice and disciplinary actions as well as physician oversight. In the public use portion of the databank doctors' names and addresses are removed.

The Health Resource and Services Administration, which is an agency under the Department of Health and Human Services (HHS), blocked the public access after there were concerns about a reporter obtaining information from the non-public areas of the database. The reporter, however, clarified that he only accessed the public use file to obtain information.

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