6.Medical malpractice in hospitals— how healthcare staff feel
6.Medical malpractice in hospitals— how healthcare staff feel
6.Medical malpractice in hospitals— how healthcare staff feel
KEYWORDS
Introduction
Medical malpractice refers to a negligent act, omission, or unintentional harm, injury,
or death to a patient caused by a medical or healthcare professional. Unfortunately, incidents
of medical malpractice are on the rise worldwide (1, 2). In America, 7.4% of physicians
receive a malpractice claim every year, with 1.6% having to pay for the claim (3). According
to an insurance company in Germany, 4,500 out of 108,000 (4.2%) insured doctors are
involved in medical disputes each year, with 30% ending in settlement and 10% appearing
in a civil court (4). In England, medical malpractice cases have also increased more than
double over a 5-year period (from 2007 to 2012) (2). In Taiwan, Materials and methods
such incidence has also increased steadily (5, 6), and the number of
civil cases is nearly four times higher in 2007 than in 2004. The Institute and participants
negative side effects impact the healthcare system, with inadequate
physician subspecialties due to more and more judicial processes This is a retrospective study aimed at evaluating the impact of
(7). Physicians have dramatically increased their use of defensive medical malpractice on the staff at the Taichung Veterans General
medications over the past 20 years in order to mitigate the risk of Hospital (TCVGH). TCVGH is a public medical center in Taichung
malpractice lawsuits (8). However, the use of such medications can City, Taiwan, with 1,500 beds and approximately 5,500 employees.
lead to overdiagnosis and overtreatment, which can be considered It provides safe and high-quality medical services and serves as the
a form of medical error. The defensive practice also results in referral hospital for critically ill and complex cases. TCVGH is
increased direct and indirect medical costs (9–11). The combination ranked number one in Taiwan based on the case-mix index,
of medical errors, malpractice, and defensive medicine is often reflecting the complexity and risk level of diseases and treatments.
referred to as the ill-fated triad (8). Most recent studies on medical The hospital provides patient-centered care and has multiple cross-
malpractice focus on the history of physicians’ malpractice claims department centers for integrated care. Given this background, the
(12), the workload of medical staff, communication style (13, 14), impact of medical malpractice and legal proceedings on staff is a
specialties cattery (5, 15), levels of the hospital, and the court major concern for the hospital authorities, and monitoring, early
making the final judgment (3, 5, 16). There is limited research on intervention, and out-of-court settlements are important issues. In
the emotional experiences of medical staff who have been involved a previous study (23), clinical risk management could
in cases of medical malpractice. Furthermore, like in Japan (17), be successfully applied to this topic. Besides, the reporting system
medical malpractice-related mortality or injury is a crime under is a vital tool for clinical risk management according to Italian
Taiwan’s Criminal law code. The United States, Canada, and the experiences (24, 25).
United Kingdom all deal with medical practice as a common law In October 2015, TCVGH initiated an early warning and
heritage. The United States, Canada, and the United Kingdom reporting system to address potential medical disputes and
handle medical malpractice cases under the common law legal litigations. The primary objective of this system was to monitor and
system, while Taiwan treats it as a criminal matter. This approach provide early intervention to minimize medico-legal issues and care
can create significant pressure on medical staff during the practice for employees. For this study, data was collected on all staff,
of medicine. Despite this, there is a lack of research in Taiwan including doctors and non-doctors, who had experienced medical
exploring the emotional experiences of medical staff who have been malpractice issues from October 2015 to December 2017.
involved in cases of medical malpractice. Participants were asked to complete three questionnaires, namely,
Medical malpractice stress syndrome (MMSS) is a term coined the Stanford Acute Stress Reaction Questionnaire (SASRQ), the
only recently to describe what happens when medical staff face Impact of Event Scale-Revised (IES-R), and the Medical Malpractice
medical malpractice (18). Apart from anxiety and depression, Stress Syndrome (MMSS) questionnaire to evaluate the impact of
MMSS includes perturbations in inflammatory states, immune medical malpractice. Only those who completed all three
dysregulation, and endocrine dysfunction (19). The IES-R questionnaires were included in the analysis. The study was
questionnaire was first created by Weiss et al., in 1997 to evaluate approved by the Ethics Committee of the Taichung Veterans
the impact of a specific event (20). IES-R is a good tool for General Hospital (IRB number: CE18097A), and all methods were
evaluating individuals with or without posttraumatic stress disorder performed in accordance with relevant guidelines and regulations.
(PTSD) (21). The Stanford Acute Stress Reaction Questionnaire
(SASRQ) was created >20 years ago (22) and has been a valid and
reliable measure of acute stress (22). Undoubtedly, medical staff Definition of variables and outcomes
who are involved in medical malpractice are experiencing PTSD (IES-R, SASRQ, and MMSS)
and acute stress. However, no study using SASRQ and IES-R to
evaluate their feelings or response to medical malpractice has The baseline data that we collected from participants included
been reported. their age, gender, degree (bachelor’s, master’s, or Doctor of
Medical malpractice is a global issue, and in Taiwan, medical Philosophy), religion, and marital status (unmarried, divorced,
staff who are involved in medical malpractice may face criminal widowed, or married). We also gathered information on their work
charges under the Criminal Law Code. Despite the gravity of the status and medical malpractice, including whether they were in an
situation, no studies have been conducted on the emotional executive role or not, their job type (doctor or non-doctor), job
experiences of healthcare staff facing medical malpractice charges. tenure (less than 2 years, 2–10 years, 10–20 years, or more than
Due to the lack of a definitive list to describe medical malpractice 20 years), the severity of injury to patients, and whether they
stress, we employed the MMES, SASRQ, and IES-R to investigate received any help from the institute (not at all, a little, or a lot). The
the psychological effects of medical malpractice on healthcare staff. definition of “help” is based on staff members’ subjective feelings.
We analyzed potential background factors associated with anxiety At our institute, when medical staff members are involved in
or stress, as well as the extent to which hospital authorities provided medical malpractice, the chief of their department and social
support. By gathering this information, we hope to make workers reach out to provide counseling and mental support. If
recommendations to hospital authorities on effective measures to there are concerns about a lawsuit, lawyers from our institute also
support medical staff and deliver timely interventions. provide further support.
Questionnaire on the Impact of Event SPSS Statistics version 23, and statistical significance was set at
Scale-Revised (IES-R) p < 0.05.
30–39 24 24.5
≥40
35 35.7 Association analyses for the outcome of
Degree medical malpractice
Bachelor 76 77.6
The results of the bivariate analysis to study associations between
Master, or Doctor of 22 22.4
variables and IES-R are shown in Table 6. A high total IES-R was
Philosophy
associated with a statistical significance of young age (< 40 y/o vs. ≥
Marriage
40 y/o) and a more severe patient injury from medical malpractice
Unmarried, divorced, 53 54.1 (mortality > no or major injury), mainly with the constructs of
widower or widow, or intrusion and avoidance. In addition, the hyperarousal construct was
Married 45 45.9 associated with a statistical significance of more severe patient injury
Executive class
from medical malpractice (mortality > no or major injury). Patient
death was significantly associated with the total IES-R and with all
No 85 86.7
three constructs (intrusion, avoidance, and hyperarousal).
Yes 13 13.3 The results of the bivariate analysis to study associations between
Job variables and the SASRQ are shown in Table 7. Total SASRQ scores
Doctor 20 20.4 and nearly all constructs were not associated with variables.
Dissociation was associated with the female gender and a non-doctor
Nurse 78 79.6
status. Those staff who received very much help from the hospital were
Job tenure (years) associated with a significantly lower total SASRQ score, dissociation,
<2 24 24.5 re-experiencing of the trauma, and marked symptoms of anxiety or
2–10 34 34.7 increased arousal.
10–20 17 17.3
>20 23 23.5
Discussion
Religion
TABLE 2 Scores of different constructs (philosophy) from SASRQ, IES-R, and MMSS.
MMSS KR 20
TABLE 3 Results of the Impact of Event Scale-Revised (IES-R) for post-traumatic stress disorder (PTSD).
A 5. I avoided letting myself get upset when I thought about it or was reminded of it. 1.42 1.03
A 12. I was aware that I still had a lot of feelings about it, but I did not deal with them. 1.14 0.91
I 14. I found myself acting or feeling as though I was back at that time. 0.85 0.93
H 19. Reminders of it caused me to have physical reactions, such as sweating, trouble breathing, 0.82 1.05
nausea, or a pounding heart.
R 7. I felt extremely upset if exposed to events that reminded me of an aspect of the medical malpractice. 2.55 1.41
9. The medical malpractice made it difficult for me to perform work or other things I needed to do. 2.02 1.27
D 10. I did not have the usual sense of who I am. 1.16 1.19
A 11. I tried to avoid activities that reminded me of the medical malpractice. 2.04 1.40
A 14. I tried to avoid conversations about the medical malpractice. 1.95 1.38
R 15. I had a bodily reaction when exposed to reminders of the medical malpractice. 1.81 1.40
D 16. I had problems remembering important details about the medical malpractice. 1.54 1.29
A 17. I tried to avoid thoughts about the medical malpractice. 1.94 1.42
D 18. Things I saw looked different to me from how I know they really looked. 2.12 1.30
R 19. I had repeated and unwanted memories of the medical malpractice. 1.93 1.43
A 22. I avoided contact with people who reminded me of the medical malpractice. 2.00 1.38
R 23. I would suddenly act or feel as if the medical malpractice was happening again. 3.17 1.35
D 25. I had amnesia for large periods of the flood. 1.82 1.24
I 26. The flood caused problems in my relationships with other people. 1.68 1.21
I 29. I had a vivid sense that the medical malpractice was happening all over again. 2.33 1.36
A 30. I tried to stay away from places that reminded me of the medical malpractice. 2.04 1.43
agreed on “alcohol consumption or drug use” (12.2%), “worsening of basis. Authorities of the medical institute should be aware of the
the original disease” (16.3%), “chest pains” (22.4%), and “elevated basic aspects of medical professional liability and should help to
blood pressure” (22.4%). Most were under mental stress, but they were control damages from medical malpractice (30). In this study,
able to self-adjust without substance abuse. These findings were we found that female staff (all nurses) and non-doctors showed
reasonable considering that medical malpractice and likely lengthy higher scores of SASRQ. Younger staff encountering more severe
judicial processes were stressful for the staff. Most medical staff patient injuries also showed similar high scores. In summary, young
(85.9%) spend an average of 4.7 years to prove their innocence (5). female staff at non-doctor and non-administrative positions
This condition is especially serious in Taiwan because of the potential encountering severe patient injury were those showing the highest
for criminal prosecution and conviction. In our institute, the hospital’s risks of stress and anxiety. The results are reasonable since medical
care for staff was good and most of them (85.7%) felt helped by the staff with longer job tenures (also with a better chance to
hospital. Even under mental stress, our staff were still able to handle be administrators) were more familiar with and more educated
the situation. about medical malpractice. As for doctors and non-doctors,
Medical malpractice can be committed by various healthcare physicians were more used to facing medical malpractice and the
providers, including doctors, nurses, nursing assistants, impact on them was less. Notably, doctors at this institute receive
administrators, and others who provide care for patients on a daily regular training on how to handle potential disputes, which may
Variables Yes No
N % N %
Mental symptoms
Physical symptoms
Interpersonal relationship
Offer much more medical care to avoid medical malpractice 63 64.3 35 35.7
have influenced their responses. Medical disputes for non-doctor developed a greater ability to manage the associated stress and
medical staff have been better studied in recent years (31–34). emotional impact. Consequently, our findings suggest that older
Nurses are undoubtedly the healthcare professionals who have the staff members were less likely to have higher scores on the
most contact with patients and, as a result, are most likely to SASRQ. In conclusion, hospital policymakers may wish to direct
become involved in incidents. With respect to age, it is noteworthy their attention toward younger non-doctor staff members and
that older medical staff members are more likely to have experienced provide them with early interventions in order to prevent serious
medical malpractice incidents in the past and, thus, may have incidents of medical malpractice from occurring. This proactive
TABLE 6 Logistic regression for the association between possible variables and the Impact of Event Scale-Revised (IES-R).
Age (y/o) A
3.666* 3.774* 3.496* 2.779
Degree t
−0.331 −0.609 0.463 −0.863
Master, or Doctor
25.63 21.31 9.84 8.10 8.93 7.98 6.86 5.73
of Philosophy
Unmarried,
divorced, widower 26.33 15.32 9.82 5.93 9.78 5.14 6.73 5.06
or widow, or
Executive class t
−0.699 −0.678 −0.057 −1.378
Job t
1.031 1.045 1.348 0.834
Major injury 22.73 17.50 9.27 6.78 7.91 6.75 5.55 5.68
Not at all 33.00 14.60 12.43 5.43 11.64 5.50 8.93 4.80
Very much 21.10 22.33 8.29 8.31 7.71 8.24 5.10 6.40
t, t-test; A, analysis of variance, ANOVA.
TABLE 7 Logistic regression for the association between possible variables and Stanford Acute Stress Reaction Questionnaire (SASRQ).
Male 53.76 30.31 13.14 9.66 13.19 6.36 10.48 7.32 13.67 6.56 3.29 2.26
Female 63.43 25.16 19.35 7.95 13.64 5.49 12.74 6.27 13.88 6.92 3.82 2.22
Age (y/o) A
0.478 1.260 0.086 0.127 0.459 0.730
<29 64.90 27.55 19.90 9.00 13.85 5.79 12.59 6.46 14.54 6.22 4.03 2.24
30–39 59.79 31.85 16.46 10.66 13.46 7.16 12.42 7.30 13.83 6.88 3.63 2.37
≥40 58.49 30.19 17.00 9.51 13.26 5.98 11.77 7.89 13.06 6.93 3.40 2.19
Degrees t
−0.315 −0.688 0.396 0.114 −0.416 −0.697
Bachelor 59.91 31.34 16.77 10.17 14.00 6.60 12.41 7.48 13.32 6.92 3.41 2.32
Master or Doctor of
61.78 22.13 18.38 7.54 13.41 4.40 12.21 5.93 13.99 5.47 3.79 2.02
Philosophy
Unmarried, divorced,
59.62 29.81 16.82 9.69 13.49 6.02 11.87 7.29 13.98 6.51 3.47 2.40
widower or widow, or
Married 62.83 29.22 19.04 9.53 13.58 6.38 12.58 7.02 13.72 6.78 3.91 2.06
Executive class t
−0.057 −0.100 0.269 −0.346 0.005 0.243
No 60.92 30.13 17.77 9.78 13.85 6.44 11.62 7.27 13.85 6.70 3.85 2.29
Yes 61.42 25.43 18.06 8.94 13.49 4.00 12.35 6.42 13.84 6.15 3.68 2.08
Job t
−1.828 −3.228** −0.724 −1.165 −1.130 −1.467
Doctor 50.75 26.95 12.10 7.91 12.65 6.11 10.60 7.07 12.35 6.95 3.05 2.21
Non-doctor 64.08 29.58 19.54 9.48 13.77 6.19 12.68 7.13 14.22 6.50 3.87 2.24
<2 58.42 33.14 18.21 10.69 12.04 7.03 11.79 7.70 12.67 6.59 3.71 2.35
2–10 61.85 27.24 17.79 9.63 14.03 5.31 12.53 6.10 13.79 6.65 3.71 2.26
11–20 64.59 26.97 18.12 8.22 14.82 6.32 12.24 7.47 15.53 6.46 3.88 2.03
>21 61.30 31.79 18.09 10.05 13.43 6.33 12.35 8.11 13.87 6.82 3.57 2.41
No 60.37 30.69 17.76 10.15 13.51 6.25 12.10 7.19 13.49 6.82 3.51 2.36
Yes 62.35 28.40 18.29 9.18 13.57 6.12 12.41 7.15 14.18 6.43 3.90 2.14
No injury 63.58 30.56 19.08 9.91 13.75 6.40 12.56 7.30 14.30 6.85 3.88 2.27
Major injury 51.55 22.70 14.82 7.53 13.27 5.18 9.09 5.11 11.64 5.85 2.73 2.05
Mortality 57.50 27.69 19.08 8.92 13.75 5.87 12.56 7.39 14.30 5.79 3.88 2.21
Did the help provided 4.211* 4.481* 5.358** 2.535 3.698* 2.020
by the hospital work for
youA
Not at all 66.79 29.28 18.00 9.57 16.14 5.99 13.71 8.14 15.21 6.45 3.71 2.43
A little 65.48 27.58 19.78 9.14 14.13 5.73 12.94 6.75 14.65 6.05 3.98 2.23
Very much 45.38 30.72 12.76 9.62 10.05 6.34 9.24 7.09 10.48 7.47 2.86 2.06
Funding
Conclusion
This study was supported by grant TCVGH-CTUST1077702 from
Our study underscores the importance of hospital authorities the Taichung Veterans General Hospital and Central Taiwan
regularly monitoring staff members’ responses to incidents of University of Science and Technology.
medical malpractice. The provision of mechanisms for reporting
near misses, coupled with ongoing staff training, can help to
mitigate the incidence of adverse events associated with healthcare Conflict of interest
practices. With effective and timely interventions, it is possible to
break the vicious cycle of medical malpractice. Based on the The authors declare that the research was conducted in the
findings of this study, hospital authorities should develop a strategic absence of any commercial or financial relationships that could
plan aimed at preventing incidents of medical malpractice by be construed as a potential conflict of interest.
prioritizing the care of young, non-doctor, and non-administrative
medical staff members.
Publisher’s note
Data availability statement All claims expressed in this article are solely those of the authors
and do not necessarily represent those of their affiliated organizations,
The original contributions presented in the study are included in or those of the publisher, the editors and the reviewers. Any product
the article/supplementary material, further inquiries can be directed that may be evaluated in this article, or claim that may be made by its
to the corresponding authors. manufacturer, is not guaranteed or endorsed by the publisher.
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