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© 2008 The Board of Trustees of the University of Illinois New Approaches to Transparency Timothy B McDonald, MD JD Professor, Anesthesiology and Pediatrics University of Illinois College of Medicine Chief Safety and Risk Officer for Health Affairs University of Illinois Hospital and Health Sciences System

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Page 1: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

New Approaches to Transparency

Timothy B McDonald, MD JD Professor, Anesthesiology and Pediatrics University of Illinois College of Medicine

Chief Safety and Risk Officer for Health Affairs University of Illinois Hospital and Health Sciences System

Page 2: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Page 3: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Quality Colloquium “Communication” Boot Camp Faculty

Rick Boothman JD, University of MichiganBill Sage MD JD, University of TexasTom Gallagher MD, University of WashingtonMichelle Mello JD PhD, Harvard SPHAlan Lembitz MD, COPICJeff Driver JD, StanfordAlan Woodward MD, MMSKen Sands MD, Beth IsraelJanet Cohn JD, NYSDPHChristine McCoy JD, Ascension HealthTim McDonald MD JD, University of Illinois

Page 4: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Some more background

Institute of Medicine:1999 report that shook the medical world

Page 5: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Some more background

Institute of Medicine:1999 report that shook the medical world

Page 6: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Some more background

Institute of Medicine:1999 report that shook the medical world

Making Matters Worse

Page 7: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

February 2012, Volume 31, Issue 2

Part of the issue

Page 8: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Impact on the medical malpractice community

Page 9: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Extreme Honesty and TransparencyBarriers Benefits

Page 10: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Extreme Honesty and TransparencyBarriers

FearsLitigationNational Practitioner Data BankShame, blameReputationLack of skillsLack of process

BenefitsLearningImprovingLess litigationLower costsIntegrityMoraleHealing

Page 11: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Bottom linePatient Safety benefits far outweigh risks.

Page 12: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

A Comprehensive Response to Patient Incidents: The Seven Pillars. McDonald et al Quality and Safety in Health Care, Jan 2010

ReportingInvestigationCommunicationApology with remediation – including waiver of hospital and professional feesProcess and performance improvementData tracking and analysisEducation – of the entire process

Page 13: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Goals of the Seven PillarsReduce harm thru transparency and learningReduce lawsuits through early, effective communication with all partiesResolve inappropriate care cases early, efficientlyDefend appropriate care vigorouslySupport patient and family engagementSupport care professionals following harm events

Page 14: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

The Original Seven Pillars: A Comprehensive Approach to the Prevention and

Response to Patient Events

Unexpected Event reported toSafety/Risk Management

Patient Harm?

Consider “Second Patient”Error Investigation

Hold bills

InappropriateCare?

Full Disclosure with Rapid Apology and Remedy

Process Improvement

Data Base

Yes

Yes

No

Page 15: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

What’s wrong with this picture?????

Unexpected Event reported toSafety/Risk Management

Patient Harm?

Consider “Second Patient”Error Investigation

Hold bills

InappropriateCare?

Full Disclosure with Rapid Apology and Remedy

Process Improvement

Data Base

Yes

Yes

No

Page 16: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

After Patient and Family Engagement in Telluride 2006

Page 17: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

The Seven Pillars: A Comprehensive Approach to the Prevention and

Response to Patient Events

Unexpected Event reported toSafety/Risk Management

Patient Harm?

Consider “Second Patient”Error Investigation

Hold bills

InappropriateCare?

Full Disclosure with Rapid Apology and Remedy

Process Improvement

Data Base

PatientCommunicationConsult Service

24/7Immediately

Available

Yes

Yes

No

No

“Near misses”

Activation of Crisis Management Team –

emotional first aid

Page 18: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

You cannot fix what you do not know about

Page 19: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Challenges to reportingOvercoming fears

Shame and blameAngering supervisors, co-workersProgram punishment

Establishing relevanceReporter apathy – No feedback

Health system – no QI feedback for reporterIndividual – no learning for reporting

Page 20: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Addressing the challengesProvide method for safe, confidential reportingEnsure non-retribution to reportersProvide immediate educational feedback to learner (experiential – foundational and customized)Provide regular aggregated, de-identified educational feedback to hospitals, programs, reportersLink to quality and safety process improvementsAlso focus on important learner specific issues such as fatigue, supervision, hand-offs, professionalism.

Page 21: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

ReportingReporting established as an expectation and part of Core Competency assessment

Page 22: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Page 23: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Resident physician occurrence reporting data Journal of Graduate Medical Education, June 2010

Page 24: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Event data

Page 25: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

The Seven Pillars: A Comprehensive Approach to the Prevention and

Response to Patient Events

Unexpected Event reported toSafety/Risk Management

Patient Harm?

Consider “Second Patient”Error Investigation

Hold bills

InappropriateCare?

Full Disclosure with Rapid Apology and Remedy

Process Improvement

Data Base

PatientCommunicationConsult Service

24/7Immediately

Available

Yes

Yes

No

No

“Near misses”

Activation of Crisis Management Team –

emotional first aid

Page 26: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Peer to peer support: for physicians by physicians

Page 27: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

The Seven Pillars: A Comprehensive Approach to the Prevention and

Response to Patient Events

Unexpected Event reported toSafety/Risk Management

Patient Harm?

Consider “Second Patient”Error Investigation

Hold bills

InappropriateCare?

Full Disclosure with Rapid Apology and Remedy

Process Improvement

Data Base

PatientCommunicationConsult Service

24/7Immediately

Available

Yes

Yes

No

No

“Near misses”

Activation of Crisis Management Team –

emotional first aid

Page 28: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Pillar 2 - investigationWhat happened and why?

Page 29: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Human Factors Input

Page 30: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

The Seven Pillars: A Comprehensive Approach to the Prevention and

Response to Patient Events

Unexpected Event reported toSafety/Risk Management

Patient Harm?

Consider “Second Patient”Error Investigation

Hold bills

InappropriateCare?

Full Disclosure with Rapid Apology and Remedy

Process Improvement

Data Base

PatientCommunicationConsult Service

24/7Immediately

Available

Yes

Yes

No

No

“Near misses”

Activation of Crisis Management Team –

emotional first aid

Page 31: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

CommunicationTimelyEffectiveCoordinatedOngoingEngagement of highly competent communicators – case exampleJust in time supportInterdisciplinary

Page 32: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Creating a communication consult service

Communications assessment toolMeasures emotional intelligenceAssesses cognitive complexityIdentifies highly skilled communicators in complex social situationsBalances out the “special colleague” issue

Page 33: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Individual Differences in Communication Competence

Some people are more skillful communicators than others.Some communication tasks/situations are much more difficult than others

Easy: describe your apartmentHard: disclose a medical error to a grieving family

Differences in skill most visible in hard situations

33

Page 34: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

One hospital’s data

Page 35: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

The Seven Pillars: A Comprehensive Approach to the Prevention and

Response to Patient Events

Unexpected Event reported toSafety/Risk Management

Patient Harm?

Consider “Second Patient”Error Investigation

Hold bills

InappropriateCare?

Full Disclosure with Rapid Apology and Remedy

Process Improvement

Data Base

PatientCommunicationConsult Service

24/7Immediately

Available

Yes

Yes

No

No

“Near misses”

Activation of Crisis Management Team –

emotional first aid

Page 36: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Elements of resolution/remediation• Patient Safety Compensation Card – given to

patients if harm caused by inappropriate care, serves as their ongoing “insurance card”

Page 37: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Putting it all together

Page 38: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

October 7, 2011

Page 39: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Another communicating openly and resolving early

Page 40: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

October 7, 2011

Page 41: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Pillar 6 - data

Page 42: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Page 43: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Page 44: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Other stakeholder buy-in prior to grantMedical SocietiesProfessional liability companies – hospital and physicianHospital AssociationLegal groupsConsumers Advancing Patient SafetyProject Patient CareIndividual hospital boards, medical staffs

Page 45: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

AHRQ Grant10 private hospitals, self insuredOpen medical staffs, private professional liability coverage7 from faith-based system2 from a “for profit”1 underserved inner cityMost with resident physicians

Page 46: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Next stepsAHRQ Task Order

Page 47: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Next steps to new approachesAHRQ Task OrderCreate comprehensive set of validated and tested tools to facilitate the implementation of the Seven Pillars across all hospitals

Page 48: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Next steps to new approachesAHRQ Task OrderCreate comprehensive set of validated and tested tools to facilitate the implementation of the Seven Pillars across all hospitalsAgency for Healthcare Research and Quality announcement soon

Page 49: New Approaches to Transparency - ehcca.com · Reporting Investigation Communication Apology with remediation – including waiver of hospital and professional fees Process and performance

© 2008 The Board of Trustees of the University of Illinois

Questions?