nds76
03-06-2006, 9:11am
MILWAUKEE Health care providers could investigate cases of medical error without worrying attorneys could subpoena the results in malpractice lawsuits under a bill sent to the governor for consideration.
Hospitals say the measure will let them aggressively track errors and improve quality without having to censor data that might incriminate them in a lawsuit. But consumer advocates say patients harmed by those errors should have a legal right to see those reports.
The bill, co-written by the Wisconsin Hospital Association, applies to hospitals, nursing homes and other health care providers.
Allowing internal confidentiality is a key step in improving quality, said Anne-Marie Audet, a physician and vice president for quality at the Commonwealth Fund, which funds research on health policy.
"The only way you can fix problems is if you are able to identify them," she said.
But Milwaukee trial attorney Lynn Laufenberg says the bill gives health care providers too much protection.
"This is just an example of an attempt to shield from the public or the litigant information that is highly relevant to the decisions that the jury has to make," Laufenberg said.
The state Assembly and Senate both passed the bill last week. It's unclear whether Gov. Jim Doyle intends to sign the bill into law.
The bill would still let people see their own medical records if they sued a hospital or doctor for malpractice.
But if patients were harmed by medical error, for example, they'd be denied access to any internal documents that show how widespread the problem is at the hospital or whether the hospital made any efforts to prevent that type of error.
The state Department of Health and Family Services has criticized the bill, saying it could hinder the department's ability to detect fraud and ensure patient safety, said spokesman Jason Helgerson.
But Leo Brideau, chief executive of Columbia St. Mary's health care system, said the privacy shield will encourage organizations to analyze adverse events so health care providers can learn and improve.
"That is very difficult to do if you are worrying that everything that you do is discoverable in courts," Brideau said.
http://wfrv.com/topstories/local_story_064153754.html
Hospitals say the measure will let them aggressively track errors and improve quality without having to censor data that might incriminate them in a lawsuit. But consumer advocates say patients harmed by those errors should have a legal right to see those reports.
The bill, co-written by the Wisconsin Hospital Association, applies to hospitals, nursing homes and other health care providers.
Allowing internal confidentiality is a key step in improving quality, said Anne-Marie Audet, a physician and vice president for quality at the Commonwealth Fund, which funds research on health policy.
"The only way you can fix problems is if you are able to identify them," she said.
But Milwaukee trial attorney Lynn Laufenberg says the bill gives health care providers too much protection.
"This is just an example of an attempt to shield from the public or the litigant information that is highly relevant to the decisions that the jury has to make," Laufenberg said.
The state Assembly and Senate both passed the bill last week. It's unclear whether Gov. Jim Doyle intends to sign the bill into law.
The bill would still let people see their own medical records if they sued a hospital or doctor for malpractice.
But if patients were harmed by medical error, for example, they'd be denied access to any internal documents that show how widespread the problem is at the hospital or whether the hospital made any efforts to prevent that type of error.
The state Department of Health and Family Services has criticized the bill, saying it could hinder the department's ability to detect fraud and ensure patient safety, said spokesman Jason Helgerson.
But Leo Brideau, chief executive of Columbia St. Mary's health care system, said the privacy shield will encourage organizations to analyze adverse events so health care providers can learn and improve.
"That is very difficult to do if you are worrying that everything that you do is discoverable in courts," Brideau said.
http://wfrv.com/topstories/local_story_064153754.html