THE AUTHOR RESPONDS

It is essential that health-care organizations and the providers that are caring for patients are able to conduct frank and open conversations about patient care when it does not go as planned. As a nurse and patient advocate, I believe the kind of environment that can promote the best care possible is fostered by assuring that information used for improvement is protected from use against the very systems and people who are striving to be the best. This environment can be developed and nurtured only by the recognition of appropriate legislative protection from discovery. I would not suggest that patient safety issues or the current healthcare crisis could be solved by legislative protection in malpractice cases.

While many states offer protections for documents such as incident reports and committee minutes, these protections in many states have been eroded and no longer provide a safeguard for practitioners or the organizations in which they practice. Caps on damages is not the solution to the medical malpractice crisis. I believe that the justice system in conjunction with the healthcare system should assure that patients who are victims of malpractice are appropriately compensated.

I hope the industry and professionals on the front line every day are able to find ways to fix the healthcare system and that it is done in a manner that protects quality and patient safety data from being used inappropriately. We owe it to our patients to assure that they get the right care, at the right time, in the right place. Creating an environment that promotes frank and honest discussion about patient safety is a great place to start.

Linda D. Hofler, MSN, RN, FACHE, CHP

Privacy Officer and Administrator, Legal Affairs, University Health Systems of Eastern Carolina Greenville, NC ([email protected])