CMPA Perspective December 2014 - Cmpa
Transcription
CMPA Perspective December 2014 - Cmpa
CMPA THE RISK MANAGEMENT MAGAZINE OF THE CANADIAN MEDICAL PROTECTIVE ASSOCIATION Perspective VOLUME 6 | NO. 5 DECEMBER 2014 F E AT U R E Medico-legal aspects of providing mental healthcare to patients WHAT’S INSIDE HOSPITAL READMISSIONS BACK PAIN Discharge strategies Diagnosis starting with the assessment 2015-2019 STRATEGIC PLAN HOSPITAL-ACQUIRED INFECTIONS CMPA responds to members’ evolving medico-legal needs Prevention, control are in everyone’s hands A IS FOR ALIAS Getting the right care to the right patient contents DECEMBER/WINTER 2014 CMPA PERSPECTIVE, DECEMBER 2014 VOL. 6 NO. 5, P1405E 03 WHAT’S NEW © The Canadian Medical Protective Association 2014 — All reproduction rights reserved. Publications mail agreement number 40069188. CMPA Perspective magazine is published quarterly and is available in digital format at cmpa-acpm.ca. A special edition is also published annually. Find out what the CMPA is doing to enhance its services and help you practise medicine safely. 04 Medico-legal aspects of providing mental healthcare to patients Providing care to patients experiencing mental health issues? These risk management strategies are for you. Ce document est aussi offert en français. 07 Reducing unplanned hospital readmissions Address all correspondence to: The Canadian Medical Protective Association P.O. Box 8225, Station T, Ottawa, ON K1G 3H7 Telephone: 1-800-267-6522, 613-725-2000 (Monday to Friday, 8:30 a.m. to 4:30 p.m. ET) Facsimile: 1-877-763-1300, 613-725-1300 Email: feedback@cmpa.org Website: cmpa-acpm.ca Learn about discharge strategies to help reduce the risk of unplanned hospital readmissions, unfavourable patient outcomes, and medico-legal problems. 10 CMPA releases its 2015-2019 Strategic Plan Discover how the Association will meet members’ medico-legal needs in an evolving healthcare landscape. The information contained in this publication is for general educational purposes only and is not intended to provide specific professional medical or legal advice, or to constitute a “standard of care” for Canadian healthcare professionals. Your use of CMPA learning resources is subject to the foregoing as well as the complete disclaimer, which can be found at cmpa-acpm.ca; enter the site and go to “Terms of use“ at the bottom of the page. 12 Diagnosing back pain: Keeping an open mind helps minimize risk Read about the assessment issues that can impede your diagnosis of back pain. 15 Lowering patients’ risk of hospital-acquired infections Consider the risk reduction lessons from this review of CMPA cases involving infections from healthcare. 18 A is for alias — Getting the right care to the right patient Misidentifying a patient is a risk and can result in harm. Learn how to lessen your exposure to potential problems. 2 CMPA PERSPECTIVE December 2014 Explore: cmpa-acpm.ca Connect: @cmpamembers WHAT’S NEW From the CEO Medical marijuana article updated The CMPA has revised its online article about medical marijuana to include the preliminary guidance provided by the College of Family Physicians of Canada (CFPC) regarding the authorization of dried cannabis for chronic pain or anxiety. The CFPC’s guidance centres on 15 recommendations to help family doctors when faced with requests for medical marijuana. Annual receipts available online in January This January, members will be notified by email when their annual receipt is ready to access. Members can then sign into the members-only area of the CMPA website to access their receipt. You can prepare for this change by providing us with your email address (call 1-800-267-6522). Also, if you haven’t already, you can sign in to the members-only area of the website with your member number and password. Mark your calendar for CMPA CME events! The 2015 calendar of member events is now available on the CMPA website. Join us for a safe care symposium or a regional conference in your area. CMPA Research Grant Recipients CMPA research grants totalling almost $200,000 were awarded to 4 researchers in 2014. The CMPA Grant Program provides funding for research projects aimed at improving patient safety and the quality of healthcare for Canadians by enabling physicians to practise more safely. For a complete list of recipients, visit cmpa-acpm.ca. In November, the CMPA Council approved the Association’s renewed 2015-2019 Strategic Plan. This new Strategic Plan reaffirms our two-fold commitment to providing high-quality advice, assistance, and support to our members and to advance meaningful changes that contribute to a safe and effective healthcare system. A well-functioning healthcare system supports the availability of safe medical care for all Canadians, and the provision of medical liability protection is an essential component of such a system. The CMPA has a long track record of meeting physicians’ medical liability protection needs, allowing them to practice with the confidence that their professional integrity will be protected, and the knowledge that patients who have experienced proven harm from negligent medical care will be appropriately compensated. The CMPA understands the challenges our members face in a dynamic healthcare environment and that we, like our members, must adapt to changing times. While the new Strategic Plan builds on over 110 years of success, it also embodies elements of change. So, while we will continue to protect physicians’ medical liability needs, we will offer supportive programs for those members who need additional assistance reducing their risk. Preventing harm is the best way to save lives and reduce costs and the CMPA is committed to contributing to safe care. We also recognize that, as with other elements of healthcare, the medical liability system is under financial pressure. We will work with others to address sustainability challenges so that physicians can remain confident in their liability protection. This entails concerted efforts to contain protection costs, including efforts to reduce system costs that benefit neither injured patients nor their physicians. I am very proud of this plan. It reaffirms our unwavering commitment to protecting our members, and to enhancing our contribution to the Canadian healthcare system. You can view the full 2015-2019 Strategic Plan on our website at cmpa-acpm.ca. Hartley Stern, MD, FRCSC, FACS December 2014 CMPA PERSPECTIVE 3 Medico-legal aspects of providing mental healthcare to patients Hitch The prevalence and impact of mental health conditions are receiving considerable attention. Family physicians, psychiatrists, and other healthcare providers play an important role in caring for patients with mental health conditions. As this area of medicine can often intersect with the law, physicians should be aware of the steps they can take to manage the associated risks. The CMPA experience THE CMPA REVIEWED its legal and medical regulatory authority (College) cases that closed between 2009 and 2013 and found that 1,308 involved a patient with a mental health condition. The most frequently identified types of medical practice were psychiatry at 47% and family practice at 42%. The top presenting medical conditions were mood disorders; neuroses; stress-related and somatoform disorders; and disorders due to substance use such as alcohol, opioids, and cocaine. Jupiterimages Documentation (31%), communication with patients (15%), and patient evaluation (14%) were the most common clinical issues related to the care provided. These were followed by medication issues such as managing patient pharmacotherapy and physician prescribing practices, and conduct issues such as the blurring of the boundaries in the doctor-patient relationship. 4 CMPA PERSPECTIVE December 2014 Competent care Doctors caring for patients with mental health conditions should have the knowledge and clinical competence to appropriately deliver care. The skills include screening for and detecting mental illness; initiating, monitoring, or discontinuing treatment, when appropriate; providing motivational interventions; supporting self-management, as appropriate; and developing links with other partners in care.1 Collaborative care Patients are more likely to consult their family physician about a mental health concern than any other healthcare provider. Yet, no single provider can be expected to have the knowledge and skills to provide all the care patients may require. When care is delivered in a collaborative approach, the roles of all health providers should be clearly defined, coordinated, complementary, and responsive to the changing needs of patients. Patients are a key component in their care, understanding that the family doctor, psychiatrist, or other providers will remain involved. The patient, or the family, will need to know at all times who the principal contact should be when a particular problem arises.2 Ideally, psychiatrists and other providers recognize and build on the care provided by family physicians. Doctors are encouraged to communicate with each other and with other providers in a timely and appropriate manner. This can mean integrating the mental healthcare plans of psychiatrists with those of family physicians or other providers, and ensuring that all clinical activities are well coordinated for the benefit of patients.3 When collaborating with other mental health providers, physicians should consider the following:4 ӹӹ effective communication, including clear and timely information between themselves, other health providers, patients, and families ӹӹ consultation between and among other physicians and mental health professionals, whether in a primary care setting, a mental health facility, a psychiatrist’s office, or by telephone ӹӹ coordinated care plans, including monitoring and discharge plans, and clinical activities to avoid duplication and to guide patients to the appropriate programs or resources ӹӹ integration of activities such as shared care planning and decision making, with care being shared according to the respective skills and availability of participants Patient assessment and diagnosis It is important to carry out an adequate and effective assessment of patients with mental health conditions. This may include the need for collateral information from the patient’s family, when appropriate. To help make a diagnosis, physicians may wish to consult appropriate mental health screening tools, such as those for depression, anxiety disorders, bipolar disorder, and suicide risk. As a mental health condition may rapidly change, appropriate and timely re-evaluation may be required. Appropriate prescribing The use of psychotropic medication is on the rise, and physicians should remain vigilant. This is especially important in cases of off-label prescribing or when prescribing medication to children, youth, and seniors. At all times, a consent discussion should be conducted and documented in the patient’s medical record. Moreover, physicians and other healthcare providers should monitor patients who are on medication. Patient handovers Patient handovers are high risk points in patient care, and require the transfer of adequate and correct information to support patient safety and continuity of care. In hospitals, an important issue to consider when treating patients with mental health conditions is the interaction between emergency physicians and psychiatrists, and between day and night psychiatrists, particularly in relation to patient handovers. Physicians should follow the institution’s protocols for handovers, including the transfer of care related to consultations, as well as responsibilities for patient monitoring, treatment, and discharge decisions. And handovers should be documented in the medical record. Effective and clear communication between healthcare providers is also essential to safe patient handovers in community settings. When multiple physicians and other healthcare providers are involved in caring for patients with mental health conditions, providers should confirm that the reason for the transfer of care is clear to all involved (for example, family physician and psychiatrist). Doctors and other providers should also verify that the roles and responsibilities of each care contributor are clear to the patient and family, as well as to other members of the team. Consent, privacy, and other considerations Physicians are always required to obtain consent prior to non-emergent treatment. Consent must be voluntary, patients must have the capacity to consent, and they must be properly informed by their doctors. Patients who are suffering from mental incapacity may still retain sufficient mental ability to give valid consent for medical treatment. Much depends on whether the patient is able to adequately appreciate the nature of the condition, the proposed treatment, its anticipated effect, the alternatives, and the potential consequences of treatment refusal. The laws applicable in most provinces and territories provide a means to obtain substitute consent when the patient is incapable of giving valid consent by reason of immaturity or incapacity. Finally, the determinant of capacity in a minor has become the extent to which the young person’s physical, mental, and emotional development will allow for a full appreciation of the nature and consequences of the proposed treatment, including the refusal of such treatments. In December 2014 Thomas Northcut Patients who are suffering from mental incapacity may still retain sufficient mental ability to give valid consent for medical treatment. CMPA PERSPECTIVE 5 Québec, youth can provide consent for care if they have the capacity and are 14 years of age or older. Doctors should be familiar with the applicable legislation in their jurisdiction. On the privacy front, physicians are well-aware that privacy and confidentiality of patient information is critical. This is equally important when considering mental health information, and particularly relevant due to the stigma that may be associated with these conditions. In terms of the release of mental health patient information to third parties, there are occasions when a physician’s duty to society may outweigh the obligation of physicianBeau Lark/Fuse patient confidentiality, thereby justifying the voluntary disclosure of information about a patient to the appropriate authority. Facts such as a clear risk to an identifiable person or group of persons, the risk of serious bodily harm or death, and whether the danger is imminent should be considered in determining whether information about a patient may be disclosed without the individual’s consent. Physicians should be knowledgeable about applicable legislation and statutes regarding confidentiality and privacy. The CMPA is available for advice in these matters. Telepsychiatry As telemedicine grows, more patients access mental health services through interactive videoconferencing, or telepsychiatry. Physicians participating in telepsychiatry should be aware of the salient regulatory, administrative, and clinical issues associated with this form of healthcare delivery.5 These include matters of licensing, credentialing, and jurisdiction; applicable College guidelines or policies; and standards for videoconferencing systems. Physicians should follow any established protocols or procedures specific to each of the telepsychiatry services offered. When orienting a patient to telepsychiatry, consent for this mode of care delivery should be obtained and documented in the medical record. In addition, doctors should be attentive to their communication styles and interactions when using this form of healthcare delivery. Issues of patient assessment, diagnosis, and care planning remain just as important with interactive videoconferencing as in face-to-face encounters. 6 CMPA PERSPECTIVE December 2014 Risk management tips The CMPA suggests all physicians caring for patients with mental health conditions consider the following risk management tips: ӹӹ Consider whether the patient should be assessed before treatment decisions are made or before medication is prescribed. ӹӹ Obtain a thorough medical history that includes risk factors (e.g. medications, suicide risk assessment), family history, and collateral information (e.g. medical records, speaking with family) to obtain a comprehensive assessment of the patient. A deficient evaluation can contribute to potential underestimation of the risk for self-harm or harm to others, and the inappropriate prescription or tapering of medications. ӹӹ Obtain informed consent for all nonemergent treatment, including when using electronic communication channels to deliver care, such as telepsychiatry. ӹӹ Document comprehensively, clearly, and at the time of patient contact. When appropriate, documentation should include a clear diagnosis and treatment plan. Medication records should contain justification for any changes made to the patient’s medication regime. ӹӹ Communicate to the patient, and family when appropriate, any treatment changes or potential side effects and adverse reaction to prescription medications. ӹӹ Communicate openly, sensitively, respectfully, and professionally with the patient and family. n 1. College of Family Physicians of Canada, Canadian Psychiatric Association, “The evolution of collaborative mental health care in Canada: A shared vision for the future,” Canadian Journal of Psychiatry (2011) Vol. 56 No. 5 2. Canadian Psychiatric Association, College of Family Physicians of Canada, “Shared mental health care in Canada: Current status, commentary and recommendations,” December 2000. Accessed on June 10, 2014 from: http://www.cfpc.ca/uploadedFiles/Directories/_PDFs/sharedmentalcare.pdf 3. College of Family Physicians of Canada, Canadian Psychiatric Association, “The evolution of collaborative mental health care in Canada: A shared vision for the future,” Canadian Journal of Psychiatry (2011) Vol. 56 No. 5 4.Ibid 5. Shore, Jay H., “Telepsychiatry: Videoconferencing in the delivery of psychiatric care,” American Journal of Psychiatry (2013) Vol. 170 No. 3. Accessed on July 25, 2014 from: http://ajp.psychiatryonline.org/article.aspx?articleID=1655117 Reducing unplanned hospital readmissions Readmissions continue to be a focus of quality improvement initiatives in Canada and internationally because they place such a strain on healthcare systems. But preventable readmissions also have serious implications for patients, physicians, and healthcare providers caring for them. According to the Canadian Institute for Health Information, nearly 8.5% of patients in Canada are readmitted to an acute care hospital within a month of their initial discharge.1 TongRo Images T HE CMPA IDENTIFIED 75 medico-legal cases that closed between 2009 and 2013 involving inadequate discharge planning — of which the vast majority led to an unplanned readmission. In these cases, discharge planning included assessing the patient to determine whether they were fit for discharge, making appropriate arrangements for continuing medical care, and providing the patient with clear written or verbal follow-up instructions including information on when and who to contact, and where best to seek medical attention. Nearly two-thirds of readmissions occurred after a surgical intervention, while the rest were after hospitalization for a medical, obstetric, or psychiatric condition. Post-surgical readmissions Most readmissions in surgical care followed same-day or overnight-stay gastro-intestinal, gynecologic, orthopaedic, and urologic surgeries. The majority of patients were readmitted within a week of discharge, most often the next day. These patients usually required additional surgery or intensive care. A small number of patients died from their complications. Most readmissions in surgical care followed same-day or overnight-stay gastro-intestinal, gynecologic, orthopaedic, and urologic surgeries. Readmissions were largely due to surgical complications being recognized late. When peer experts reviewed the care, they identified premature discharge as a common theme, and various risk factors, including difficult surgery, unstable vital signs, ongoing pain, or co-morbidities that would have necessitated a longer period of observation. Premature discharge was often attributed to physicians not re-assessing the patient before discharge or nursing not communicating their concerns about a patient’s condition. In a few cases, physicians failed to review post-operative investigations that they had ordered. In a considerable number of cases, ineffective discharge planning, including inadequate follow-up and suboptimal transitions of care, was the main driver for readmission. Underlying all of these cases was poor communication — between physicians; between nurses and physicians; and between physicians and patients. Miscommunication between physicians and patients most often involved the discharge discussion and included not advising patients of the symptoms and signs that would alert them to seek medical attention, and when and where to access that care. December 2014 CMPA PERSPECTIVE 7 Non-surgical readmissions Most of the patients in non-surgical cases were readmitted within 10 days of discharge. Patients were sometimes found to have been discharged before their medical condition had been completely addressed, or were readmitted because the underlying condition had continued or progressed, which most often included infections and cancers. Expert review identified two main problem areas in these cases: follow-up of investigations and discharge planning. 8 CMPA PERSPECTIVE Expert review identified two main problem areas in these cases: follow-up of investigations and discharge planning. Overlooked test results were often significant and should have been acted on. In some cases where medical trainees were involved in the discharge, the experts were critical of attending physicians who did not personally review the medical record or assess the patient. When examining discharge planning, the experts were critical of poor coordination of home care, particularly for patients with multiple health issues or who were not considered safe or ready for discharge. Two cases illustrate these findings. The first demonstrates the consequences of a premature patient discharge following day surgery and highlights the importance of effective communication between a nurse and a physician about a change in a patient’s condition. The second shows the repercussions of inadequate discharge planning and coordination of care. CASE 1: PREMATURE DISCHARGE, LACK OF COMMUNICATION During a laparoscopic right salpingooophorectomy on a 35-year-old woman, a gynecologist encounters difficulty and removes a large ovarian cyst by posterior colpotomy. After the surgery, the patient requires oxygen to maintain appropriate oxygen saturation. She is admitted overnight, but the nurse does not notify the most responsible physician. Throughout the night, the patient develops a fever and continues to require supplemental oxygen. Early the next morning, the patient complains of severe abdominal pain and is unable to void. Another gynecologic resident on the team does not assess the patient but verbally prescribes a parasympathomimetic to stimulate urination. Throughout the morning, the patient is febrile, hypotensive, and tachycardic. She eventually voids and is discharged later that morning without being reassessed by the team. Three days later, the patient presents to the emergency department in early stages of septic shock. Her white blood count is elevated, and an abdominal CT scan shows findings consistent with bowel perforation. She undergoes a Hartmann procedure with colostomy for a rectal tear. Her post-operative course is complicated by hemorrhage, abdominal and pelvic abscesses, prolonged ventilation, and pulmonary embolism. A legal action ensues. The main experts’ criticism is that the patient should not have been discharged, as earlier diagnosis of the Ingram Publishing December 2014 CASE 2: INADEQUATE DISCHARGE PLANNING AND CARE COORDINATION A family physician (FP) prescribes antivirals and antibiotics for a hospitalized elderly woman with facial herpes zoster and associated cellulitis. The patient has multiple co-morbidities including diabetes mellitus, atrial fibrillation, and severe chronic obstructive pulmonary disease requiring oxygen supplementation. The patient’s condition improves three weeks later, and the FP discontinues the antivirals. The FP meets with her family to plan her discharge for the Sunday. The patient is transferred home, but home oxygen is not set up, medications are not sent with her, and home care services are not arranged. The patient’s condition declines, and she is readmitted a few days later. A regulatory authority (College) complaint follows. The investigative committee reminds the family physician to make plans for discharging patients as far in advance as possible. Ryam McVay rectal tear would likely have been made and led to a less complicated post-operative course. Defence experts were also critical of the nurses for not advising the gynecologist of the patient’s abnormal vital signs in the hours following surgery, and of the resident for prescribing without formally assessing the patient. This failed communication resulted in missed opportunities to reassess the patient. Without expert support, a settlement is paid to the patient, shared by the CMPA and the hospital. Strategies to reduce readmissions Many readmissions identified in the analysis of CMPA cases may have been avoided had different actions been taken before the patient’s discharge. The following strategies are based on expert opinions in the cases analyzed: ӹӹ Review pertinent clinical documentation, test results, and consultation reports before discharging patients. ӹӹ Consider reassessing patients, as required, before discharging them. ӹӹ Use multidisciplinary teams to assess patients’ home care requirements, when appropriate. ӹӹ If another physician assumes care after discharge, provide pertinent information in a timely manner, such as patients’ clinical condition and treatment plan. ӹӹ Reconcile patients’ medications before discharge. ӹӹ Consider using a structured communication tool, including a discharge summary, for sharing information during transitions of care. ӹӹ Provide clear written and verbal discharge instructions to your patients or their caregivers, including symptoms and signs that should alert them to seek further medical attention and where to find that care. ӹӹ Ensure follow-up care is arranged and advise your patients who will be providing this care. ADDITIONAL READING AT cmpa-acpm.ca “CMPA Good Practices Guide “ “Discharging patients following day surgery” “How effective management of test results improves patient safety” “The most responsible physician: A key link in the coordination of care” “The post-operative period — Patient discharge and follow-up” ӹӹ Verify that the roles and responsibilities of each physician are clear to patients and to the other physicians and healthcare providers. In Québec, discharge instructions to patients must include the contact information for the team that provided the care.2 ӹӹ Document your discharge instructions in the medical record. n 1. Canadian Institute for Health Information, “All-Cause Readmission to Acute Care and Return to the Emergency Department” Ottawa, Ont.: CIHI, 2012 2. Collège des médecins du Québec, Procédures et interventions en milieu extrahospitalier, Guide d’exercice du Collège des médecins du Québec, August 2011, Accessed November 2014 from : http://www.cmq.org/fr/Public/Profil/Commun/AProposOrdre/Publications/%7E/media/Files/Guides/ Guide-Procedures-Interventions-ExtraHosp-2011.ashx?11229 December 2014 CMPA PERSPECTIVE 9 BUILDING ON A STRONG FOUNDATION — CMPA releases its 2015–2019 Strategic Plan The CMPA Council recently approved the Association’s renewed 2015-2019 Strategic Plan. The plan builds on the Association’s strong foundation of success to ensure it can meet the evolving medical liability protection needs of members in an increasingly complex and cost-constrained healthcare environment. W ITH THIS PLAN, the Association reaffirms its commitment to provide high-quality advice, assistance, and support to members facing medico-legal difficulties. This core commitment has enabled physicians to confidently care for their patients for more than a century knowing the CMPA will protect their medical liability interests. ӹӹ While several countries have experienced the breakdown of their medical liability system, Canada has benefited from the CMPA’s effective medical liability model that supports the delivery of safe care while ensuring that physicians are protected and patients who have experienced harm are appropriately compensated. The provision of cost-effective protection in Canada has never been more important. With this in mind, the 2015-2019 Strategic Plan focuses on three strategic outcomes: assisting physicians, contributing to safe medical care, and supporting an effective and sustainable medical liability system. A strong focus on physician assistance, safe medical care, and the medical liability system 10 CMPA PERSPECTIVE Assisting physicians At the heart of the plan is CMPA’s continuing commitment to assist physicians facing medicolegal issues by providing timely and accurate advice and, if required, legal assistance. As always, in the event a patient has been harmed by negligent medical care, the CMPA provides appropriate compensation on the physician’s behalf. The CMPA will also continue to assist in reducing medical liability risk and promoting safe care by educating physicians about appropriate prevention strategies and responses to harm. These core activities have protected members’ professional integrity, allowing them to practise with confidence since 1901. An effective medical liability system must be sustainable in the short and longer term. The CMPA will enhance its management of medical liability cases by seeking earlier case resolution and employing the most appropriate approach to achieve a fair and timely result. For members whose medical liability experience is more extensive than their colleagues, the Association will work to provide access to services to help them meet their professional obligations. In keeping with the core value of mutuality, members are expected to be responsive to the Association’s efforts to assist them, and to practise in a manner consistent with the values of the medical profession. Contributing to safe medical care Effective risk and harm reduction requires a strong commitment from physicians and other healthcare providers. Knowing their medical liability interests are protected, physicians can be confident in making this important commitment. December 2014 OUR MISSION: To protect physicians’ professional integrity and promote safe medical care in Canada The Association recognizes physicians practise within a system of care and system level improvements are essential in ensuring Canadians have access to safe and effective care. The CMPA will continue to actively collaborate with other organizations to identify high-risk medical practices and to develop and champion harm prevention strategies. This includes a focused approach on clinical issues and practices where the risk of harm is relatively high. Supporting the medical liability system An effective and sustainable medical liability system not only ensures physicians are available to provide care; it is an essential element of a well-functioning healthcare environment. The CMPA is committed to working with others to address sustainability challenges, including championing sensible reforms that reduce overall system costs. For example, the Association will actively advocate for civil justice, regulatory, and administrative reforms that enhance the financial sustainability of the medical liability system while protecting the interests of all parties involved. We will also support policy initiatives that contribute to resolving medical liability issues in a fair and timely manner, including measures that eliminate unnecessary costs and streamline processes. ӹӹ Physicians practise within a system of care and system level enhancements are essential in ensuring Canadians have access to safe and effective care. The CMPA is also committed to strengthening its operational and governance practices to achieve optimal results, including providing members with improved fee predictability. We will continue to engender member and stakeholder trust by reporting performance and financial results in a transparent and responsible manner. Positioning the CMPA for success The achievement of this plan depends on the CMPA’s continued ability to respond to the evolving needs of its over 90,000 members. ӹӹ The CMPA has a strong five-year plan. Through its ongoing focus on assisting physicians, contributing to safe medical care, and supporting the medical liability system, the CMPA is well positioned to continue to fulfill its mission: To protect physicians’ professional integrity and promote safe medical care in Canada. n While retaining our core services, we must adapt to ensure we can deliver sustainable medical liability protection well into the future. Marcio Siloa Interested in CMPA Council positions for 2015? The 2015 Report of the Nominating Committee will be available on the CMPA’s website as of February 25th, 2015. Its release will mark the start of the nominations process from the CMPA membership. In addition to the slate of candidates proposed by the Nominating Committee, all CMPA members in an area and division with an open position in 2015 have the opportunity to seek election to the CMPA Council. An eligible member nomination will result in the requirement for an election. Members interested in being nominated as candidates for election to Council are invited to review the Candidate information guide. Additional information can be found at cmpa-acpm.ca, or by contacting the Association at 1-800-267-6522 or emailing elections@cmpa.org. December 2014 CMPA PERSPECTIVE 11 Diagnosing back pain: Keeping an open mind helps minimize risk Back pain is often a diagnostic dilemma that goes unresolved. While it is one of the most common reasons Canadians seek care1,2 studies have found that most of the time no physiologic cause for the pain is established.3 This is because many conditions that cause back pain are self-limited and improve without treatment. On rare occasions, however, serious conditions present with back pain as a primary symptom. Failing to properly assess patients with back pain and effectively rule out these diagnoses can lead to serious outcomes. T Sebastian Kaulitzki Ordering imaging for patients with uncomplicated back pain is typically not effective and may cause harm.4 That is why campaigns aimed at reducing unnecessary testing and treatment, such as Choosing Wisely (choosingwiselycanada.org), recommend against imaging for new cases of back pain in most patients who are not experiencing “red flag” symptoms or signs.5 Canadian and international clinical practice guidelines describe evidencebased conservative approaches to managing back pain. 12 CMPA PERSPECTIVE December 2014 HE CMPA ANALYZED MEDICO-LEGAL CASES, closed between 2008 and 2013, that involved a patient with a primary complaint of back pain and documented peer expert criticism of the diagnostic assessment. The most common missed diagnosis was cauda equina syndrome — neurological impairment that results from compression of the nerve roots in the spinal canal below the termination of the spinal cord. This condition, which has many potential causes, including disc herniation, spinal stenosis, and lesions, requires urgent surgery to prevent lasting damage. Other missed back conditions included vertebral fracture and other spinal pathologies. Non-spinal conditions that presented with back pain included renal disease; malignancies such as lymphoma and bone metastases; cardiovascular events (most often dissecting abdominal aortic aneurysm [AAA]); and infections, such as epidural abscess, discitis, or osteomyelitis. Frequently, experts attributed the missed diagnosis to the physician’s failure to appreciate the significance of the patient’s presentation. This included missing red flags, such as fever, weight loss, neurological symptoms, or certain characteristics of the pain. There were also situations of physicians not following up on abnormal laboratory findings, such as an elevated white cell count or erythrocyte sedimentation rate. In some cases, physicians were criticized for not re-evaluating patients who returned with pain that persisted, progressed, or did not respond to treatment as expected. CASE 1: FAILING TO RECOGNIZE RED FLAGS LEADS TO CAUDA EQUINA SYNDROME An orthopaedic surgeon refers his patient, a 28-year-old woman with long-standing sciatica, to a neurosurgeon, after MRI shows a worsening of her lumbar disc protrusion (right L5–S1) and spinal stenosis. The appointment is made for a few months later, but the patient visits the emergency department (ED) the following week with severe right leg pain with weakness and urinary urgency. The ED physician performs a neurological exam and finds only an absent right deep tendon knee reflex and some diminished muscle strength of the right extensor hallucis longus. She diagnoses acute multi-level radiculopathy with motor impairment. She admits the patient to hospital under the care of her family physician (FP), who is notified by telephone of her condition. The FP refers the patient to an anesthesiologist for pain management with epidural steroid injections. When the anesthesiologist examines the patient before administering the injection, he notes loss of sensation in her right lateral lower leg with weakness and diminished knee reflex. He administers the injection, and the patient is discharged the next day. At a follow-up appointment with her FP a few days later, the patient reports an episode of urinary incontinence. The physician advises her to go immediately to the nearest tertiary hospital ED to be assessed by a neurosurgeon. The patient undergoes an emergency laminectomy and decompression for cauda equina syndrome; however, she is left with permanent neurological deficits including bladder and bowel dysfunction. The patient files a legal action against all physicians involved in her care. Experts are critical that the FP did not urgently refer the patient to a neurosurgeon when she was first admitted through the ED, and that the anesthesiologist did not appreciate the severity of the patient’s symptoms when he examined her. Many cases involved incidents of physicians not fully considering elements of patients’ history or co-morbidities that might put them at risk for a serious outcome. In a few cases vascular causes of back pain, such as a dissecting AAA, were not included in the moodboard differential diagnosis for patients with obvious risk factors. Conversely, other cases involved physicians who mistakenly attributed a patient’s symptoms to a past or pre-existing condition, thereby failing to consider other differential diagnoses. CASE 2: ANCHORING DELAYS MALIGNANCY DIAGNOSIS A 14-year-old boy visits the ED complaining of back spasms and continuing back pain since participating in a mountain bike race one week earlier. He has already visited a chiropractor and physiotherapist, and he is taking an NSAID and muscle relaxant prescribed by his FP, all with no improvement. On examination, the ED physician notes dorsolumbar spasms, no tenderness, and no masses. When asked, the patient denies having bladder or bowel problems. The physician diagnoses severe muscle spasms and orders an analgesic and muscle relaxant. When he assesses the patient 30 minutes after receiving the medications, his pain is gone, and he is discharged with instructions to follow up with his FP in the morning. The next day the patient has difficulty walking and visits another physician, who promptly refers him to the children’s hospital after a neurological exam finds pronounced leg weakness. The patient is ultimately diagnosed with anaplastic large cell lymphoma at T8–T10 and undergoes treatment. A legal action is filed against the ED physician. Experts are critical that he did not perform a complete neurological assessment or ask the patient about symptoms of numbness or weakness. Mario Teijeiro December 2014 CMPA PERSPECTIVE 13 Inappropriate prescribing of narcotics for pain control was commonly associated with diagnostic issues. In some of these cases, the use of narcotics was central when the drugs contributed to addiction or related to serious patient outcomes. In others, their use obscured the progression of neurological symptoms making diagnosis more difficult. Cognitive biases such as attribution error (a form of stereotyping: explaining a patient’s condition on the basis of their disposition or character rather than seeking a valid medical explanation) may have contributed to the inadequate assessment of a patient’s back pain, particularly in cases where physicians were found to be too quick to fix on a particular diagnosis, or conclude that a patient was malingering. In a few cases epidural abscesses were missed in patients with a history of drug addiction, despite their representing a high-risk group for this complication. ADDITIONAL READING AT cmpa-acpm.ca “Cauda equina syndrome: A case for timely recognition and treatment” “Spinal epidural abscess: a rare, insidious and potentially catastrophic infection” CMPA Good Practices Guide — section on “Cognitive biases” 14 CMPA PERSPECTIVE Managing medico-legal risk When assessing patients with complaints of back pain, consider the following risk management actions which are based on the experts’ opinions in the cases analyzed: ӹӹ Be aware of the current evidence-based conservative approaches to managing the care of patients with back pain, which include guidance on the use of medication for pain management. ӹӹ Take a complete and appropriate physical examination, and evaluate for red flags associated with back pain that might indicate the need for urgent diagnostic imaging or referral to a specialist. ӹӹ Keep an open mind when patients explain the source of their symptoms. ӹӹ Pause and reflect on the differential diagnosis, being careful to consider possibilities that may be threatening to life or limb. ӹӹ Reflect on whether cognitive biases are influencing your diagnosis. ӹӹ Advise your patients of the symptoms and signs that should alert them to seek further medical attention. ӹӹ When patients return with the same or worsening symptoms, re-evaluate your diagnostic assumption and repeat the physical examination, with neurological exam. ӹӹ Ensure your documentation reflects a thorough assessment, history taking, differential diagnosis, and discharge instructions. n 1. Cassidy, J.D., Carroll, L.J., Côté, P., “The Saskatchewan health and back pain survey. The prevalence of low back pain and related disability in Saskatchewan adults,” Spine (1998) Vol. 23 No. 17, p.1860 2. Deyo, R.A., Mirza, S.K., Martin, B.I., “Back pain prevalence and visit rates: estimates from U.S. national surveys, 2002.” Spine (2006) Vol. 31 No. 23, p.2724 3. Deyo, R.A., Rainville, J., Kent, D.L., “What can the history and physical examination tell us about low back pain?” Journal of the American Medical Association (1992) Vol. 268 No. 6, p.760 4. Srinivas, S.V., Deyo, R.A., Berger, Z.D., “Application of “less is more” to low back pain.” Archives of Internal Medicine (2012) Vol. 172 No. 13, p.1016 5. Choosing Wisely Canada. Imaging tests for lower back pain: When you need them—and when you don’t. Accessed July 7, 2014 from: http://www.choosingwiselycanada.org/materials/imaging-tests-for-lowerback-pain-when-you-need-them-and-when-you-dont/ December 2014 Staphylococcus aureus DTKUTOO Lowering patients’ risk of hospital-acquired infections Hospital-acquired infections can make patients sicker, lengthen hospital stays, and even result in significant disability or death. Prevention is an important quality of care measure. Although healthcare facilities are responsible for enforcing infection control practices, it is the responsibility of all healthcare providers, including physicians, to follow the practices. I N A REVIEW of recent CMPA medico-legal cases (closed between 2008 and 2013) with a suspected or proven healthcare-associated infection in patients, the physicians most often involved were orthopaedic surgeons, general surgeons, and family physicians. The most common types of micro-organisms were Staphylococcus aureus — including methicillin-resistant (MRSA), Escherichia coli and Clostridium difficile (C. diff). The sources of infection included care that involved implanted devices, indwelling urinary and vascular catheters, and surgical wounds. In two-thirds of the cases, the physician was felt to have met the requisite standard of care, but in some of the cases, peer experts noted that infection prevention and control is a responsibility of both the hospital and individual care providers. The issues related to physicians’ involvement included the assessment, management, and follow-up phases of the diagnostic process. n Assessment The most common problem in the cases was a deficient assessment, particularly when the patient showed symptoms and signs of infection. The physician often failed to order the necessary diagnostic tests (e.g. cultures) or imaging (e.g. ultrasound, CT scan). In a few cases, the physician did not consider the patient’s increased risk of developing an infection because of co-morbid conditions (e.g. advanced age, diabetes, and immunosuppression), extended hospital stay, previous antibiotic therapy, or the presence of a C. diff hospital outbreak. December 2014 CMPA PERSPECTIVE 15 n Jupiterimages 16 CMPA PERSPECTIVE CASE EXAMPLE RULING OUT INFECTION A 39-year old man undergoes an uneventful arthroscopic meniscectomy and debridement of the right knee. One week later, he presents to the emergency department (ED) complaining of increasing pain, swelling of the knee, and decreased mobility. The patient is afebrile with localized erythema and tenderness around one of the portal sites with some purulent drainage. The ED physician diagnoses infection and refers the patient back to his orthopaedic surgeon who does not feel there is an obvious infection and decides to observe the patient and re-assess him at the next scheduled appointment. The documentation of this visit is scant. A few days later, the patient attends another ED and is referred to a general surgeon who drains and debrides an abscess near the portal site but does not think it communicates with the knee joint. At follow-up a week later the general surgeon suspects a deep infection and refers the patient back to his orthopaedic surgeon. Suspicious of septic arthritis, the orthopaedic surgeon debrides and irrigates the patient’s knee. Cultures are positive for Staphylococcus aureus requiring six weeks of parenteral antibiotics. The patient subsequently undergoes a total knee replacement. The patient initiates a legal action alleging the orthopaedic surgeon delayed investigating and treating the infection, which led to an earlier-thanplanned joint replacement surgery. Experts are of the opinion that when the patient presented one week after surgery, the orthopaedic surgeon should have ordered bloodwork, aspirated the knee, and assessed the need for antibiotics. Experts also comment that the lack of documentation failed to demonstrate that appropriate steps were taken to rule out infection. Without expert support, a settlement is paid to the patient by the CMPA on behalf of the orthopaedic surgeon. December 2014 Management and follow-up In many cases of suspected infection, necessary cultures were not obtained, antibiotic administration was not initiated or delayed, or the choice of antibiotic was not appropriate. In a few cases, experts felt the patient should have been referred to an infectious disease specialist. CASE EXAMPLE PRESCRIBING THE INAPPROPRIATE ANTIBIOTIC Two days after undergoing a cystoscopy, a patient arrives in an ED with fever, chills, abdominal discomfort, dysuria, and urinary frequency. The patient is seen by the on-call urologist and diagnosed with post-cystoscopy urosepsis. IV antibiotics are prescribed and the patient is referred back to his treating urologist. The next day, the treating urologist does a limited assessment of the patient noting that the patient had no fever and no pain, diagnoses a lower urinary tract infection, and discharges him with a prescription for nitrofurantoin. The patient calls the urologist’s office the next day because he is still feeling unwell, and an appointment is given for three days later. The patient attends another hospital and is admitted with urosepsis. His urine cultures grow Pseudomonas aeruginosa, and he is treated with an aminoglycoside and a carbapenem. The patient complains to the College and alleges the urologist prematurely discharged him. The College expresses concern about the physician’s choice of antibiotic, incomplete assessment prior to discharge, and lack of definite follow-up. Mamahoohooba System issues System problems were related to hospitals’ inadequate processes in managing C. diff outbreaks and hospitals not adequately informing its personnel, as illustrated in the following case. Stockbyte CASE EXAMPLE COMMUNICATING A HOSPITAL OUTBREAK A 46-year-old woman, who is obese, diabetic, and a smoker, is referred to a general surgeon for recurrent diverticulitis. The patient refuses surgery and is treated with multiple courses of antibiotics. A year later, the patient consents to surgery, and the surgeon extensively documents a consent discussion. The patient undergoes a laparoscopic sigmoidectomy. Four days later, she develops an acute C. difficile infection and requires ICU admission. It is thought that the patient is colonized with C. diff because of repeated use of antibiotics prior to surgery. The patient’s condition deteriorates, and she is diagnosed with pseudomembranous colitis requiring a subtotal colectomy with ileostomy. A legal action ensues and the patient alleges the consent discussion did not include information regarding C. diff infection, and the surgeon failed to adequately prevent and manage the infection. During the course of the action, the hospital acknowledges that there was a C. diff outbreak at the time of the patient’s first surgery. An expert surgeon is supportive of the surgeon’s care and consent discussion, but notes some communication challenges and lapses in documentation. He adds that the hospital had given no instructions to avoid surgeries due to a C. diff outbreak. The legal action is dismissed against the surgeon, and a settlement is paid to the patient by the hospital. Risk management considerations Based on the expert opinions in the cases reviewed, you should consider the following risk reduction strategies in your practice: ӹӹ Consider if patients’ comorbidities increase their risk of acquiring an in-hospital infection, and if so, be alert to any symptoms and signs of infection. ӹӹ Adhere to recommended hand hygiene practices. ӹӹ If appropriate, obtain relevant cultures when an infection is present or suspected before initiating antibiotic therapy. When available, review sensitivity and resistance results. ӹӹ Consider assessing patients when notified of a change in their condition by the patient, the nursing staff, office employees, or when seen by other healthcare providers following discharge. ӹӹ Consult an infectious disease specialist when treatment is ineffective or in a complicated infectious process. ӹӹ Ensure effective communication with patients and families, advising on signs and symptoms that may indicate a complication is setting in, and how and when to seek further medical care. ӹӹ Have a clear understanding of how your institution defines and contains an outbreak of a communicable disease and how that information is communicated to patients, staff, and the community. n jJPC-PROD n December 2014 CMPA PERSPECTIVE 17 A is for alias — Getting the right care to the right patient dr911 Patient misidentification is common and can occur in areas such as medication administration, blood product transfusions, diagnostic testing, and patient procedures. Harm to patients and near misses are among the possible results. A review of the CMPA’s experience with issues of misidentification found 54 cases during the seven year period from 2007-2013. The majority were legal actions. Specialties at highest risk were radiology, family practice, and pathology. The common themes in these cases include patients with the same or similar names and results from the same tests performed at different times. 18 CMPA PERSPECTIVE CASE EXAMPLES RIGHT PATIENT, RIGHT TEST, WRONG DATE CASE 1: A previously healthy, 52-year-old female is admitted to hospital for the treatment of newly diagnosed acute myelogenous leukemia, which was confirmed by a bone marrow biopsy. Induction chemotherapy is initiated. Despite appropriate antibiotics and antifungal treatment, the patient subsequently develops pancytopenia and persistent pyrexia. Two weeks later, a repeat bone marrow is performed to assess the need for further treatment. The following day the attending hematologist visits the pathology department to review the findings. By mistake, he is directed to the pathologist who had interpreted the first biopsy two weeks previous. The hematologist requests an interpretation of the marrow biopsy but does not specify the date of the investigation. Recognizing the patient’s name, the pathologist replies that the biopsy had shown acute leukemia. On this basis, a second course of chemotherapy is ordered. However the second marrow biopsy shows no evidence of leukemia. Several weeks later the error is discovered and the hematologist discloses what has happened to the patient and her family, and offers an apology. Unfortunately, the patient develops pancytopenia and dies of an intracranial hemorrhage six weeks after admission. The matter is deemed indefensible and a settlement is paid to the patient’s family by the Association on behalf of the attending hematologist. December 2014 CASE 2: Early in the evening on the third day of a long weekend, a 42-year-old male presents to a walk in clinic with signs and symptoms suggestive of appendicitis. His only significant medical history is a cholecystectomy one year previously at a community hospital. The clinic physician contacts the on-call radiologist at the same community hospital and a CT scan is performed and filed in the PACS system (Picture Archive and Communication Systems). The radiologist, who had been on call all weekend, reviews the images and notes gallstones but no signs of appendicitis. The patient is discharged. Two days later the patient returns with generalized peritonitis. A ruptured appendix is identified at surgery. When the radiologist is asked to review the initial CT scan, he quickly realizes there is clear evidence of appendicitis as well as a previous cholecystectomy, neither of which was mentioned in his report. Puzzled as to the origin of the oversight, the radiologist analyses all of the patient’s previous studies. An abdominal CT scan had been performed two years previously prior to the cholecystectomy. The radiologist concludes he had viewed and reported on this previous study rather than the current one. In the subsequent legal action, the matter is deemed indefensible and a settlement is paid to the patient by the Association on behalf of the member physician. for example, it is not uncommon to have multiple family members being treated simultaneously after motor vehicle crashes. If there are patients with identical last names in a treatment area, if possible, avoid having them in the same room. It may be advisable to have some ‘flagging’ system in place that will put either electronic or physical alerts on census sheets, addressographs, and patient records. Some organizations are exploring bar coding as a strategy.2 Allow patients to take part in their own risk management and further lessen the risk of a mix-up. If patients have a common name, speak with them and their family about the possibility of confusion with another patient and the need for staff to double check their identity. This will prompt most patients to question whether they are receiving the correct investigation and treatment. Be aware, however, that patients with visual, auditory, or cognitive impairments may not be capable of taking on this role and pose special challenges. When performing tests, it is often necessary to confirm the identity of the patient as well as the date and time the test was performed. When interpreting results, check that the date and time of the investigation are the ones relevant to the care. While electronic data management systems provide a wealth of information, mix-ups can still occur. Disclosure of harm to patients is required. Members with questions should not hesitate to call the CMPA for additional information and advice. n Considerations for managing risks It is important that physicians and healthcare workers are alert to the possibility of mix-ups and are vigilant in matching the correct patients with the correct care. At a superficial level, verifying a patient’s identity appears to be a simple process. However, as these cases illustrate, additional measures may be needed to ensure that the right treatment is being administered to the right patient at the right time. Based on these cases, there are a number of strategies for keeping a patient safer. Physicians should verify the patient’s name and, if necessary, birthdate and unique numerical identifier before ordering an investigation or treatment, or viewing test results. In many instances in a clinicbased practice with outpatients, this information will not be included in an identity wrist band and must be sought elsewhere. ADDITIONAL READING AT cmpa-acpm.ca “Communicating with your patient about harm: Disclosure of adverse events” “Surgical safety checklists: A team approach to patient safety” 1. Shojania, K. Agency for Healthcare Research and Quality Web M+M Rounds, February 2003. Accessed October 2014 from: www.webmm.ahrq.gov 2. WHO Collaborting Centre for Patient Safety Solutions, “Patient Identification: Patient Safety Solutions,” Volume 1, Solution 2, May 2007 In a busy hospital environment, the likelihood of having two patients with the same last name is approximately 30%.1 In an emergency department, December 2014 CMPA PERSPECTIVE 19 the Canadian Medical Protective Association Working for you When you call the CMPA, your first point of contact is with our award-winning call centre. Our knowledgeable Member Services Representatives and Membership Administrators are dedicated to listening to your needs and providing you with exceptional quality service. Your contact with the CMPA begins here with personalized one-on-one service to meet all your medico-legal needs. CMPA Membership and Contact Centre Services Whether you have a medico-legal concern, a membership request, or a general inquiry, your call will be handled in a professional, timely, and confidential manner. If you require medico-legal advice or assistance, we can connect you with one of our CMPA Medical Officers. Contact us by phone or through our secure web mail (accessible through the member sign in section of our website). 20 CMPA PERSPECTIVE December 2014 diego_cervo Jupiterimages
Similar documents
End-of-life care: Medical-legal issues - Cmpa
failure to adequately document the consent discussion are recurring themes in medical-legal cases. Some Colleges and hospitals also have policies about physicians’ obligations with respect to withd...
More information