An earlier version of this presentation was presented as the keynote at the 2013 National Nursing Ethics Conference. Why Patient Advocacy is Hurting Patients Sarah E. Shannon, PhD, RN Associate Professor Biobehavioral Nursing & Health Systems, School of Nursing Adjunct, Bioethics & Humanities, School of Medicine University of Washington Clinical Ethicist, University of Washington Medical Center Acknowledgements Thinking Exercise #1: Rheba deTornyay “The Nurse as the Patient’s Advocate” 1.Take 1 minute. 2.On a blank piece of paper, write about a time from your own practice when you felt you exemplified being the patient’s advocate. Patricia Benner • • • Anna M. Shannon Al Jonsen • What was the situation? Were other clinicians involved? In what ways? What was the outcome? NY Times 2013 March 16, 2013 Theresa Brown, RN “This particular doctor was known for his explosive impatience. On a good day his temper simmered just below the surface. On a bad day, he openly seethed.” Nursing Ethics: A Short History Nurse as the Virtuous Person (ie, Woman) Nurse as the Loyal Soldier (with the Physican as Captain of the Ship) Nurse as the Patient Advocate Nurse as . . . ????? 408 comments © University of Washington School of Nursing - uwcne.org 1 Deluge! The Nurse as Patient Advocate Annas GJ, Healey J. Journal of Nursing Administration 1974;4(3):25‐ 31. The nurse‐‐a patient advocate? Donahue MP; Nursing Forum, 1978; 17 (2): 143‐51. You and the law. Patient's advocate‐‐a new role for the nurse? Sklar C. Can Nurse. 1979 Jun;75(6):39‐41. The nurse as advocate. Kohnke MF. Am J Nurs. 1980 Nov;80(11):2038‐40. From loyalty to advocacy: a new metaphor for nursing. Winslow GR. Hastings Cent Rep. 1984 Jun;14(3):32‐40. IOM Report 1999: To Err is Human 1999 Institute of Medicine Report 45,000 chart reviews done in 1997 – extrapolated to US 44,000–98,000 annual deaths as a result of medication errors - 8th leading cause of death Medical errors are the leading cause, followed by surgical mistakes and complications More Americans die from medical errors than from breast November, 1999 “approximately 100,000 patients die in the hospital each year from medical errors and 72 % resulted from communication errors cancer, AIDS, or car accidents 7% of hospital patients experience a serious medication error Cost associated with medical errors is $8–29 billion annually Report lays out a comprehensive strategy by which government, health care providers, industry, and consumers can reduce preventable medical errors. Concludes that the know-how already exists to prevent many of the mistakes, the report sets a minimum goal of 50% reduction in errors over next five years. JCAHO Sentinel Events HealthGrades Quality Study 2004 © University of Washington School of Nursing - uwcne.org Applied AHRQ (Agency for Healthcare Research & Quality) Patient Safety Indicator software to Medicare data 37 million Medicare discharges in 2000‐2002 Extrapolated to all discharges from every hospital in U.S. (excluding OB): $6.3 billion annually in excess costs 191,000 preventable deaths each year from patient safety incidents 2 ED Teamwork Failures Retrospective analysis of 54 large closed‐claims cases from emergency depts within 8 hospitals Communication / teamwork failures were major cause of adverse events in 80% Communication Failures Risser DT, et al. (1999). The potential for improved teamwork to reduce medical errors in the emergency department. Annals of Emergency Medicine, 34(3), 373‐ 383. Communication Failures Confidential interviews with 38 randomly selected surgeons in 3 teaching hospitals to elicit detailed reports on surgical adverse events resulting from errors in management Communication breakdowns among personnel were a major contributing factor in 43% of adverse surgical events Gawande, et al. (2003). Analysis of errors reported by surgeons at three teaching hospitals. Surgery, 133(6), 614‐ 621. Errors by Type of Adverse Drug Event (ADE) and Stage of Drug Ordering and Delivery Leape, et al. JAMA 1995;274(1) Interviews with 26 randomly selected residents, stratified by medical specialty. Residents described being recently involved in 70 medical mishaps Communication failures were the most common contributing factor to adverse events in university teaching hospital Sutcliffe K, et al. (2004). Communication failures: An insidious contributor to medical mishaps. Academic Medicine, 79(2). MD Ordering ALL 41 (32%) 2 (5%) 4 (11%) 40 (32%) 87 (26%) Potential ADEs, nonintercepted 26 (20%) 25 (63%) 21 (55%) 84 (67%) 156 (47%) Potential ADEs, intercepted 63 (48%) 13 (33%) 13 (34%) 2 (2%) 91 (27%) 130 (100%) 40 (100%) 38 (100%) 126 (100%) 334 (100%) 39% 12% 11% 38% 100% % by stage Cross‐sectional design 82 adult ICUs in 9 European countries and Israel 1,953 ICU nurses and MDs Examined perceived inappropriateness of care = specific pt care situation in which clinician acts in a manner contrary to his or her personal or professional beliefs 27% reported perceived inappropriate care (usually “too much care”) Perceptions of inappropriate ICU care were inversely associated with factors indicating good teamwork RN Administration Preventable ADEs Totals Perceptions of Inappropriate ICU Care Transcription Pharmacy & Verification Dispensing Perceptions of Inappropriate ICU Care Factors OR (95% CI) P Value Symptom control decisions (MD only 1.73 (1.17‐2.56) vs MD‐RN together) .006 Involvement of RN in EOL decisions 0.76 (0.60‐0.96) (agree vs not agree) RN‐MD collaboration (good vs poor) 0.72 (0.56‐0.92) .02 .009 Freedom to decide how to facilitate own work (agree vs not agree) 0.72 (0.59‐0.89) .002 RN workload (high vs not) 1.49 (1.07‐2.06) .02 MD workload (high vs not) 0.81 (0.56‐1.19) .29 Piers RD, et al. JAMA 2011;306(24):2694‐2703. Piers RD, et al. JAMA 2011;306(24):2694‐2703. © University of Washington School of Nursing - uwcne.org 3 Doctor and Nurse Ratings of Interdisciplinary Communication Doctors % rating 4 or 5 out of 5 70 Nurses 60 p<0.001 for all 50 40 30 20 10 % rating 4 or 5 out of 5 Trainee and Senior Physician Ratings of Communication Openness 0 Openness Senior Trainees 90 80 70 60 50 40 30 20 10 0 p<0.05 for all Nurse-Doctor Accuracy Doctor-Doctor Reader, Br J Anaesth, 2007; 98:347 Reader, Br J Anaesth, 2007; 98:347 Percent of Deaths with Physician‐Nurse Collaboration in Decision‐making Regression path analysis15 showing open communication to mediate the relationship between unit leadership and understanding patient care goals, with unit leadership being a predictor of open communication in the ICU, and open communication in the ICU being a predictor of understanding patient care goals. *The Sobel test statistic shows open communication to be a significant partial mediator of the relationship between unit leadership and understanding patient care goals (P < 0.001), with it accounting for approximately 52% of the variance between the two variables. Percent of Decisions 70 60 50 40 30 20 10 0 Physicians Nurses 42% participation rate; 133 French ICUs Ferrand, Am J Resp Crit Care Med, 2003; 167:1210 Reader T W et al. Br. J. Anaesth. 2007;98:347-352 © The Board of Management and Trustees of the British Journal of Anaesthesia 2007. All rights reserved. For Permissions, please e-mail: journals.permissions@oxfordjournals.org Percent of Physicians Involving Nurses in Decisions about Withdrawal 100 Percent of Physicians Conflictus Study 80 60 40 20 0 UK France Turkey Japan Brazil US Azoulay, et al. AJRCCM 2009;180(9):853‐60. Cross‐sectional survey prevalence, characteristics, and risk factors for conflicts in 323 ICUs/24 countries (7,498 ICU staff members) Intra‐team disputes = majority of conflicts (half EOL care) Poor communication within the ICU team (in general or during EOL care) perceived as common. Conflicts were less likely to occur in ICUs that held regular interprofessional staff meetings Respondents were asked to report conflicts that occurred within the last week. fewer than half reported the conflict was resolved at time of study 80% believed that the same type of conflict was likely to recur 20% indicated reported conflict was related to a previous conflict Yaguchi, Arch Intern Med, 2005; 165:1970 © University of Washington School of Nursing - uwcne.org 4 Conflictus Study: Sources of behavior related conflicts Conflict in Health Care TAXONOMY OF CONFLICT Task‐Based Conflict Relationship‐based Conflict Disruptive Behavior • Awareness of • Awareness of • Intimidating and differences in interpersonal disruptive behaviors viewpoints and incompatibilities, • Verbal outbursts and opinions pertaining includes affective physical threats to a group task. components such as • Refusing to perform feeling tension and • Tends to not involve assigned tasks or friction. intense quietly exhibiting interpersonal • Involves personal uncooperative negative emotions issues such as dislike, attitudes although may be annoyance, frustration, animated. irritation. Conflict in Health Care Conflict in Health Care Task‐Based Relationship‐Based • Honest and inevitable • Slips and Errors FACTORS • Poor hand‐writing, confusing labels • Competing tasks, language barriers, distractions (workload) FACTORS SOLUTIONS • Hand‐off protocols, checklists, CPOE, automated medication dispensing systems, alerts • Team communication training (ie, TeamSTEPPS) • Conflict skills: CUS, Two challenge rule, DESC SOLUTIONS Fundamental Attribution Error I’m stressed – you’re rude. I’m overworked – you’re lazy. I’m worried – you’re hypervigilant. My behavior is best explained by situational factors and context. Your behavior is best explained by a personality flaw or stable trait deficit. © University of Washington School of Nursing - uwcne.org • People know of risks and do not speak up • Wait for the train wreck vs stopping train • Often presents as entrenched conflicts • Calculated decisions to avoid or back down from conversations • Harsh language interpreted as disrespect • Top three problems: dangerous shortcuts, incompetence, disrespect • Understanding the fundamental attribution error: motivation for behavior attributed to context versus personality (also called misattribution) • Conflict management training Conflict in Health Care Disruptive Behavior FACTORS SOLUTIONS • Culture of tolerance • Power differential and high stakes, high tension environment • Fear of retaliation • Revenue‐generating versus paid‐employee differences in status • Zero tolerance policies • Codes of conduct • Disciplinary actions 5 Issue 40: Behaviors that undermine a culture of safety | Joint Commission 2005 Study: Silence Kills Sentinel Event Alert July 09, 2008 Issue 40, July 9, 2008 Behaviors that undermine a culture of safety Intimidating and disruptive behaviors can foster medical errors,( 1,2,3) contribute to poor patient satisfaction and to preventable adverse outcomes,(1,4, 5) increase the cost of care,(4,5) and cause qualified clinicians, administrators and managers to seek new positions in more professional environments. (1,6) Safety and quality of patient care is dependent on teamwork, communication, and a collaborative work environment. To assure quality and to promote a culture of safety, health care organizations must address the problem of behaviors that threaten the performance of the health care team. Intimidating and disruptive behaviors include overt actions such as verbal outbursts and physical threats, as well as passive activities such as refusing to perform assigned tasks or quietly exhibiting uncooperative attitudes during routine activities. Intimidating and disruptive behaviors are often manifested by health care professionals in positions of power. Such behaviors include reluctance or refusal to answer questions, return phone calls or pages; condescending language or voice intonation; and impatience with questions.(2) Overt and passive behaviors undermine team effectiveness and can compromise the safety of patients.(7, 8, 11) All intimidating and disruptive behaviors are unprofessional and should not be tolerated. Intimidating and disruptive behaviors in health care organizations are not rare.(1,2,7,8,9) A survey on intimidation conducted by the Institute for Safe Medication Practices found that 40 percent of clinicians have kept quiet or remained passive during patient care events rather than question a known intimidator.(2,10) While most formal research centers on intimidating and disruptive behaviors among physicians and nurses, there is evidence that these behaviors occur among other health care professionals, such as pharmacists, therapists, and support staff, as well as among administrators. (1,2) Several surveys have found that most care providers have experienced or witnessed intimidating or disruptive behaviors.(1,2,8,12,13) These behaviors are not limited to one gender and occur during interactions within and across disciplines.(1,2,7) Nor are such behaviors confined to the small number of individuals who habitually exhibit them.(2) It is likely that these individuals are not involved in the large majority of episodes of intimidating or disruptive behaviors. It is important that organizations recognize that it is the behaviors that threaten patient safety, irrespective of who engages in them. The majority of health care professionals enter their chosen discipline for altruistic reasons and have a strong interest in caring for and helping other human beings. The preponderance of these individuals carry out their duties in a manner consistent with this idealism and maintain high levels of professionalism. The presence of intimidating and disruptive behaviors in an organization, however, erodes professional behavior and creates an unhealthy or even hostile work environment – one that is readily recognized by patients and their families. Health care organizations that ignore these behaviors also expose themselves to litigation from both employees and patients. Studies link patient complaints about unprofessional, disruptive behaviors and malpractice risk.(13,14,15) “Any behavior which impairs the health care team’s ability to function well creates risk,” says Gerald Hickson, M.D., associate dean for Clinical Affairs and director of the Center for Patient and Professional Advocacy at Vanderbilt University Medical Center. “If health care organizations encourage patients and families to speak up, their observations and complaints, if recorded and fed back to organizational leadership, can serve as part of a surveillance system to identify behaviors by members of the health care team that create unnecessary risk.” Survey data 1,700 nurses, physicians, clinical care staff and administrators plus focus groups, interviews and observations (only 100 MDs) 13 urban, suburban and rural sites 50% RNs and 80% MDs witness colleagues break rules, make mistakes, fail to offer support, or appear critically incompetent For half, concerns persisted ≥ 1 year 20% of MDs saw harm result from their observations 23% of RNs reported considering leaving job because of their concerns Yet, only 10% spoke up Root causes and contributing factors There is a history of tolerance and indifference to intimidating and disruptive behaviors in health care.(10) Organizations that fail to address unprofessional behavior through formal systems are indirectly promoting it. (9,11) Intimidating and disruptive behavior stems from both individual and systemic factors.(4) The inherent stresses of dealing with high stakes, high emotion situations can contribute to occasional intimidating or disruptive behavior, particularly in the presence of factors such as fatigue. Individual care providers who exhibit characteristics such as self-centeredness, immaturity, or defensiveness can be more prone to unprofessional behavior.(8,11) They can lack interpersonal, coping or conflict management skills. Silence Kills ‐ results The 10% who do Conflict in Health Care TAXONOMY OF CONFLICT speak up: observe better patient outcomes work harder are more satisfied Task‐Based Conflict • Find one’s voice Relationship‐based Conflict • Find one’s ears are more committed to staying in their jobs Summary of Evidence for Teamwork Communication & coordination deficits drive errors Strong Correlation between Teamwork and . . . Improved Patient Outcomes Increased Patient Satisfaction Increased Staff Satisfaction Decreased Moral Distress Evidence of Impact from Team Training Programs In healthcare (as in other industries such as aviation) Three years for maximum effect © University of Washington School of Nursing - uwcne.org Disruptive Behavior • Find one’s boundaries Thinking Exercise #2: Recall an example a professor used to help you understand your future role as a patient advocate? [Or an example you commonly use in your teaching.] 6 The Nurse as Patient Advocate What did you notice about these messages? The Social Worker as Patient Advocate What did you notice about these messages? The Physician as Patient Advocate What did you notice about these messages? Advocate: Noun or Verb? Noun: The Patient’s Advocate Focus? Benefits to patient Benefits to professional Verb: To advocate Focus? Benefits to patient Benefits to professional Interprofessional Advocacy I am the patient’s advocate. What are the advocacy needs of this patient and who can best meet them? © University of Washington School of Nursing - uwcne.org Thinking Exercise #3 Formation of professional identity and agency: 1. Think of a recent “win” that: 2. Demonstrated interprofessionalism 3. Where the team was the hero 4. Illustrated a communication skill 7 Patient Advocacy and Ethics in Nursing Focus on principle of respect for autonomy Perpetuated a straw man argument with beneficience (i.e., paternalism)? Limited adding our voices to the calls for justice in health care? Key Issues in Health Care Ethics Today Futility: how do we negotiate the rising requests by non‐random groups for “more” health care than “we” believe is beneficial? Shared decision‐making: how do we navigate away from a strict legal model of pure autonomy to one that acknowledges professional recommendations? Just Culture: how do we remove the barriers to honesty within our professional societies to justly treat the 1st, 2nd and 3rd victims of errors? Key Issues in Health Care Ethics Today Justice: how do we help to create a culture of solidarity in the U.S. where minimum health care is viewed as a right? Costs and Financing: how do we reduce incentives for increased costs and use while increasing incentives for increased access and health outcomes? Fidelity: how do we address disparities in patient experiences in health care where some groups are treated badly and poorly? Is Advocacy Hurting Our Patients? Conflict / lack of teamwork is killing them “Nurses are the patient’s advocate” is the language of conflict Need language of collaboration Address conflict in nuanced manner CUS – conflict skills – limit setting Think of advocacy as verb Lend our voices and intellects to the pressing ethics and health issues of today! Nursing Ethics: A Short History Nurse as the Virtuous Person (ie, Woman) Nurse as the Loyal Soldier (with the Physican as Captain of the Ship) Nurse as the Patient Advocate Nurse as . . . NURSE © University of Washington School of Nursing - uwcne.org 8
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