Explaining the unexplainable - the impact of physicians' attitude towards litigation on their incident disclosure

Erik Renkema1, Manda H Broekhuis, Kees Ahaus

  • 1Faculty of Economics and Business, Operations Department, University of Groningen, Groningen, The Netherlands.

Abstract

Insights

Physician attitudes toward malpractice litigation significantly influence incident disclosure. Understanding these complex emotions and thoughts is key to fostering greater openness in healthcare, moving beyond simple fear of litigation.

Area of Science:

  • Medical Law and Ethics
  • Healthcare Professional Psychology
  • Patient Safety

Background:

  • Physician attitudes towards malpractice litigation are complex and influence professional behavior.
  • Understanding these attitudes is crucial for improving incident disclosure and patient safety.

Purpose of the Study:

  • To explore physicians' emotions and thoughts regarding malpractice litigation.
  • To investigate the relationship between these attitudes and their incident disclosure behavior.

Main Methods:

  • Qualitative interviews and questionnaires with 31 Dutch physicians.
  • Hierarchical cluster analysis to identify physician attitudinal clusters.
  • Analysis of qualitative data to understand disclosure nuances.

Main Results:

  • Physicians were clustered into positive and negative attitudes towards litigation.
  • Attitudes did not directly correlate with disclosure reluctance; complex factors are involved.
  • Disclosure practices (what, when, how) depend on a mix of emotions, thoughts, and legal concerns, not just fear.

Conclusions:

  • Achieving 'openness' about medical incidents is challenging due to varied physician attitudes.
  • Coaching systems, education for trainees, and robust emotional/legal support can mitigate stress and encourage open disclosure.

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