[display_podcast]
Date: September 10th, 2018
Reference: Gurley et al. Comparison of Emergency Medicine Malpractice Cases Involving Residents to Non-Resident Cases. AEM September 2018
Guest Skeptic: Dr. Justin Morgenstern is an emergency physician and the Director of Simulation Education at Markham Stouffville Hospital in Ontario. He is the creator of the excellent #FOAMed project called First10EM.com
Case: You are giving an introductory lecture on evidence-based medicine to the incoming class of residents, and after you finish you notice some excited chatter at the back of the room. Thinking that you have found some EBM keeners/gunners, you wander over to join the discussion, but find yourself in a heated discussion. One of the senior residents was recently named in a lawsuit, and the junior residents are worried. How likely are they to be sued? What can they do to prevent such a harrowing event? The residents turn to you, hoping that you can provide some insight on this topic.
Background: Unfortunately, physicians are not perfect. Mistakes are made occasionally, and those mistakes can harm our patients.
Medical care provided by trainees involves some added risks. In an internal medicine setting, problems with handoffs, teamwork, and lack of supervision were identified as issues in trainee malpractice cases.
In Canada, we have a national organization called the Canadian Medical Protective Association (CMPA). The CMPA has approximately 97,000 members representing 95% of Canadian physicians.
There are about 10,000 files opened every year with 38% involving payouts. Only 8% of cases end up in court. There has been a 5% decrease in cases over the last decade.
It is important to note that our medical-legal environment in Canada is much different than in the United States. It is a much more litigious system south of the border. The paper we will be talking about today come out of the US.
Clinical Question: What are some of the key factors in malpractice claims against trainees, and how do those compare to malpractice cases that don’t involve trainees?
Reference: Gurley et al. Comparison of Emergency Medicine Malpractice Cases Involving Residents to Non-Resident Cases. AEM September 2018
* Population: The Comparative Benchmarking System (CBS) database: a large database of malpractice claims covering more than 400 hospitals and more than 165,000 physicians.
* Intervention: Malpractice claims involving trainees (residents) in an emergency department setting over a three-year period from 2009-2012.
* Comparison: Malpractice claims not involving trainees in the same time period.
* Outcomes: Coded information covering a number of domains.
* Average Payment
* Case Severity (low, medium, high or death only)
* Allegation Category (Diagnosis Related, Medical Treatment, Surgical Treatment, Medication Related or other)
* Procedure Involved (yes/no and if yes what procedure)
* Final Diagnosis (ex: cardiac related, orthopedic related, etc)
* Contributing Factors (ex: communication, clinical judgement, documentation, etc)
This is the first SGEMHOP for Season#7 and of course we have the lead author here ready to give her conclusions to the study and Talk Nerdy to us.
Dr. Kiersten Gurley is a Clinical Instructor at Harvard Medical School. She is also an Attending Emergency Physician and Assistant Quality Improvement Director in the Department of Emergency Medicine at Beth Israel Deaconess Medical Center.
Authors’ Conclusions:“There are higher total incurred losses in non-resident cases. There are higher severity scores in resident cases.