ABSTRACT
More than two decades have passed since the influential report from the Institute of Medicine, To Err Is Human. Despite the report’s spotlight on medical error, the issue persists and is presently the third leading cause of death in the United States. Aside from the physical, emotional, and mental harm to patients and their families, medical error destroys the trust between doctors and their patients. For vulnerable communities, such as minorities, women, and the transgender community, a history of mistreatment and exposure to bias within the healthcare system further impairs this trust. Addressing medical error presents a unique opportunity to make healthcare safer for all patients and offers an opportunity to repair trust, address bias, and examine how vulnerable communities are treated within the healthcare system.
This Article asserts that the current response to medical error is grossly insufficient, harmful, and further contributes to patient harm and a loss of trust, particularly within historically marginalized communities. The introduction of federal legislation to encourage clearer apology laws and the expanded use of communication and resolution programs offer a new avenue to reduce the occurrence of error. Introducing federal legislation to encourage apology laws creates consistency on the issue of error; it also protects physicians and encourages them to apologize and take responsibility. Communication and resolution programs call for disclosure of the error, open communication, and transparency into how to address and prevent future harm to patients. Enacting federal apology laws and introducing communication and resolution programs will not only help to reduce the occurrence of error but will also help to reduce the widespread social harm and lack of trust that has long persisted between vulnerable communities and the healthcare system. To err is human, and thus it is impossible to eliminate all harm. But it is possible to create a safer system overall, reduce the occurrence of error, and use a transparent approach to address the history of bias and discrimination against vulnerable communities while rebuilding their trust in the healthcare system.
Phoebe Jean-Pierre, Medical Error and Vulnerable Communities (2022) 102 Boston University Law Review 327.
First posted 2022-03-10 17:00:25
Leave a Reply