If an adverse event occurs in
your practice, it is critical to involve patients and their family in the
discussion of the adverse event. ‘Open disclosure’ is the open discussion of
incidents that result in harm to a patient while receiving healthcare. It is
important to acknowledge that expressions of regret such as, “I’m sorry this
has happened to you”, are not an admission of liability. Discussing adverse
outcomes is frequently associated with highly charged emotions, therefore any
discussions with patients and their families should be carefully planned, with
an agenda to facilitate this process. It may be prudent to discuss with a legal
expert, for instance from Avant, the circumstances of the event and what sorts
of things may be safely said without risk of legal liability being
assumed.
For information to guide this process, see Avant resources on
open disclosure – ‘How to say sorry’.
With regard to a near
miss, there may not be a need to involve patients and their family if no
detrimental outcome has resulted.