When clinicians are faced with the disclosure of medical error, CRICO’s goal is to help them maintain trust and support their patients. CRICO urges clinicians to undertake these uncomfortable conversations not simply to avoid lawsuits, but because it is the right thing to do. To date, CRICO has been able to resolve every claim presented after disclosure and apology without protracted litigation, although we sometimes have to pay a premium on the fair indemnity amount to do so. In fact, many of these situations are handled without court involvement.

The length of time required to determine causation related to medical error varies greatly. The process of evaluating all contributing factors can result in a protracted discovery period needed to establish whether negligence was a factor, or if the standard of care was met. Sometimes, obvious instances of negligence can be identified (e.g., wrong site surgery or wrong patient). In such cases, immediate payment will be made. For cases that take longer to determine, once negligence or causation has been established, we will offer compensation. In all cases regardless of outcome, CRICO provides support to insured clinicians from the time we are informed of an adverse event.

CRICO takes the position that the best approach to compensation following disclosure of a medical error is one that respects the need of patients to be self-directed and move at their own pace. During this time, claim managers will collaborate with institutional risk managers to respond to these situations and will be responsible for all discussions of financial compensation. No physician should have to engage in financial negotiations with his or her patient. Not only is it terribly awkward, but physicians have no frame of reference for what is fair and just compensation in any particular circumstance. Similarly, we encourage patients to consult legal counsel before accepting a settlement of their claim.

CRICO has partnered with the Institute for Professionalism & Ethical Practice to compile a list of Guidelines for Disclosure physicians can reference following an Adverse Event.

CRICO support staff and your institutional risk managers are available as needed to provide any additional clarification or answer any questions you may have. Our interest is in protecting your needs as well as assisting you in the delivery of the safest care possible to your patients.


This page is an excerpt of a full issue of Insight.

CRICO Insight Library Home

CME: The Massachusetts Board of Registration in Medicine has endorsed each complete issue of Insights or 30-minutes of podcast episodes as suitable for 0.5 hours of Risk Management Category 1 Study in Massachusetts. You should keep track of these credits the same way you track your Category 2 credits.

Related Articles

    empty courtroom

    In Defense of the Jury System

    Article
    Patients and clinicians alike need to be able to rely on a consistent, objective, and fair review of the case.

    TEDMED Speakers: How Ignoring Medical Errors is Costing Lives

    Article
    TEDMED 2014 speakers raise the cry for the medical profession to face the fact that medical errors will occur and it is time to admit and address this. Danielle Ofri, MD a physician and professor, singles out the “toxic culture of perfection” that residents and doctors face and how she believes is degrading the overall patient experience. Elizabeth Nabel, MD, president of Brigham & Women's hospital, begs us to use humility with our knowledge. Patricia Horoho asks us to stop whispering about near misses and start fixing the system.

    Talking Points

    Article
    Once a malpractice case has been resolved, many sued caregivers see value in publicly sharing their experience with physician and nurse colleagues. Those whose cases were resolved outside the courtroom seek an opportunity to tell their side of the story. Others want to demystify the litigation experience for their peers, and some just want to use their personal experience to reinforce key tenets of patient safety.
X
Cookies help us improve your website experience.
By using our website, you agree to our use of cookies.
Confirm