Margarida Eiras, Adjunct Professor, School of Health Technologies of Lisbon, Portugal ([email protected])
Paula Bruno, Alves & Associados, Sociedade de Advogados, Lawyer, Portugal ([email protected])
Background and purpose PublicaDons and internaDonal conferences dedicated to the topic of PaDent Safety, have been highlighDng the problem of blaming physicians and healthcare professionals when an adverse event or incident occurs, with a strong and direct relaDon with the inherent fear of legal consequences. Acknowledging that there is a huge discrepancy between the Law and the PaDent Safety principles regarding blame/fault, this poster will cover the main differences observed.
Results
Conclusion NormaDve principles are not compaDble with the principles of paDent safety. All the recommendaDons, publicaDons and lectures worldwide proclaim a blame free environment. The legal tradiDonal regimen of subjecDve liability, based on fault, the fundamental principle of PaDent Safety – a no (individual) blame culture. In order to improve PaDent Safety, we would suggest the adopDon of a objecDve liability (no fault) in the Portuguese legal system, allowing for the analysis of advert events and moDvaDng a proacDve aLtude. References Bruno, P., Registo de Incidentes e Eventos Adversos: Implicações Jurídicas da implementação em Portugal (20), Wolters Kluwer/Coimbra Editora, 2010 Commi\ee on Quality of Health Care in America, IOM, (2001). Crossing the quality chasm: a new health system for the 21st Centuary. Washington,DC:The naDonal Academy Press.; Hindle, D,; Braithwaite, J.and Ledema, R. (2005). PaDent Safety Research – a review of technical literature. Sydney NSW.; Kohn,L.T.; Corrigan,J.M & Donaldson, M.S.(2000). To err is human. Washington DC: NaDonal Academy of Sciences; Morath, J. M. & Turnbull (2004). To do no harm – Ensuring paDent safety in health care organizaDon. San Francisco:Jossey-‐Bass.; Portuguese LegislaDon; JOUE, (2009/C151/01)
FAULT: TWO FACES OF THE SAME COIN
Methods A literature review was conducted through two searches of Medline and Embase database. Selected government and paDent safety organisaDon websites were also searched for relevant literature. In addiDon to journal arDcles and reports, technical and working papers and other forms of literature were also idenDfied through hand searching of the references of key publicaDons and by searching of selected websites.
Blame and Fault
PaEent Safety principles • Adverse event • Risk management: Root Cause
Analysis, Failure Mode and Effect Analysis • Disclose • ReporDng systems • System approach
Law -‐ normaEve principles • Harm (physical and moral) • Civil liability:
• SubjecDve liability • AssumpDons of liability: …, fault, …
• Criminal liability: …, fault, … • Disciplinary liability • Guilt?
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