Nondisclosure Agreements in Medical Malpractice

The amount of a financial settlement in medical malpractice cases often gets a lot of coverage in the media, especially if it is in the millions.  However many settlements include nondisclosure agreements.  Those cases rarely receive any attention even if they can have widespread or significant consequences.

Researchers at the University of Texas recently found that nearly nine in ten settlements withing the university health system involved nondisclosure agreements.  The University of Texas medical care system provides medical malpractice insurance for more than 6,000 physicians at six campuses in five different cities in Texas.   

The Journal of the American Medical Association recently reported on the study that was done by these University of Texas researchers.  Of the time periods that were studied, researchers found that there were 715 medical malpractice claims closed, and 150 settlements were reached.  Nearly 50% of the nondisclosure provisions prohibited discussion by patients and family about the details of the medical errors.  In 9% of these settlements, doctors and hospitals were also prohibited from discussing the cases and any related medical errors.

Although the study focuses on just one medical system, the information can be pertinent to other large medical systems and the healthcare industry as a whole.  Preventing the disclosure of important information, especially to state boards, can have negative long-term effects.  For example: future patients of the physician will not have access to pertinent information regarding the physicians past record; and hospitals cannot address problems or take steps to correct them if all relevant information is kept confidential.

Many healthcare professionals agree that while nondisclosure agreements are legally valid, they can have a negative effect on patient safety because they discourage honest and open discussion of medical errors or mistakes.  It may be time to reevaluate the inclusion of nondisclosure agreements in medical malpractice settlements.

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Professional Medical Interpreters are Life Saving

Proper communication is essential, particularly during emergency medical situations, but imagine how complicated it may be if you did not speak the language. More than 25 million Americans do not speak English. A patient who can’t describe symptoms or understand the doctor’s recommendations can easily become the victim of a mistake. However, in many states, interpreter services are not reimbursable. If there is no financing to support the usage of qualified translator services, many health caregivers count on household members (regularly kids) to understand during medical appointments. Untrained interpreters don’t have a medical background and can have difficulties understanding what the physician is saying causing difficulty translating. Medical mistakes including improper medication use, insufficient consent, and performing the incorrect procedure, could be a consequence of low quality translation.

Most healthcare facilities have policies in place that stop the use of bilingual personnel and household members as interpreters. However, in truth most healthcare providers ignore these rules for worries that the patient could be endangered by the delay in waiting for an interpreter. The precise impact of poor quality translator services is not known because non-English speakers aren't likely to complain about small medical mistakes, however, some new reports demonstrate a higher readmission rate among non-English speaking patients. Additional reports show that patient care improves drastically with the use of professionally qualified interpreters.

The Office of Budget and Management estimated that translator services cost over $98 million annually in the US. Those expenses often mean that the physician loses money on every interaction with a patient that requires a professional interpreter. However, the cost of not having an interpreter could be also bigger by causing a lawsuit or evoking the individual avoidable harm. The utilization of professional medical interpreters might cost less in the long run and avoid translation malpractice lawsuits.

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