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Slide Handouts for
 Risk Management for
Healthcare Interpreters
    These slides are meant for reading,
          rather than presenting
Barbara Lightizer, MS, MA, CPHRM
                       Director
Risk Management, Patient Relations & Interpreter Services

                   NEWTON-WELLESLEY
                   HOSPITAL




                    Greg Figaro
                    President & CEO
Risk Management
The process of making and
carrying out decisions that will
help prevent adverse
consequences and minimize the
negative effects of accidental
losses on an individual or an
organization.
Case Studies


!   Case 1: Investigation of Surgical
    Procedure Leading to Removal of Wrong
    Kidney on Spanish Speaking Patient
!   Case 2: Death of Infant Patient with
    Apnea After Repeated ER Visits and ER’s
    Failure to Obtain Complete History from
    Spanish Speaking Parents
Case 1: Wrong Kidney Removed




            A State’s Department of
            Public Health’s Investigation
            of Surgical Procedure
            Leading to Removal of
            Wrong Kidney on Spanish
            Speaking Patient
Case 1: Wrong Kidney Removed




                         Male patient scheduled for kidney removal
   Case                  Patient with comorbidities, high risk
 Overview                Speaker of Spanish
                         Outcome: removal of the wrong kidney!
Case 1: Wrong Kidney Removed




                               Son didn’t know which kidney was to be removed
 Site Marking
 with Patient                  Son translated surgical consent form for father
 Involvement                   and “assumed” the document was correct

    Patient                    Patient’s care plan said to use interpreter to
  interviews                   explain the plan of care
  conducted
   with the                    No evidence that a Spanish-speaking provider
                               explained plan of care to patient
 patient’s son
 interpreting
                               Surgeon reported patient may not have known
                               which kidney was to be removed
Case 1: Wrong Kidney Removed



                           The hospital failed to provide the
                           patient with several standard
                           safeguards and rights:

Investigation
                          " Clinical Privileges
  Findings
                          " Universal Protocol: Prevention of
                               Wrong Patient, Wrong Procedure,
                               Wrong Site Surgery/Procedure

                          " Right to receive information in
                               patient’s primary language
Case 1: Wrong Kidney Removed




              “The facility’s failure to implement
              policies and procedures for Medical
              Staff led to the removal of the incorrect
              kidney of Patient. Further, it led to
Investigation Patient’s mistakenly signing a consent
  Findings    for removal of the incorrect kidney. This
              is a deficiency that has caused a serious
              injury or death to the patient, and
              therefore constitutes immediate
              jeopardy within the meaning of the
              Health and Safety Code…”
Case 1: Wrong Kidney Removed




                                “Before surgery, they
                                marked the right side. I
Patient’s Son’s
 Perspective
                                didn’t have a clue what
                                side… they told me
                                they found a tumor on
                                the kidney…”
Case 1: Wrong Kidney Removed




                            “I translated the
                            document (the surgical
Patient’s Son’s
                            consent) for him
 Perspective                (Patient). I didn’t know if
                            the right or left side was
                            correct. I assumed it
                            was correct.”
Case 1: Wrong Kidney Removed




                       “Order and consent verified
                       with Patient, x-rays, other Data.”
                       was circled “Yes.” The section
  Clinical             which indicated “surgical site/
Perspective            side verification, “ was reviewed.
                       The section which indicated
                       “Site/Side confirmed with
                       patient, surgeon,” was blank.
                       The “Side” was circled, “Right.”
Case 1: Wrong Kidney Removed


                       An interview conducted with Surgeon
                       on July 16, 2009 … Surgeon stated.
                       “The patient may not have fully
                       understood which kidney…”

  Clinical             There was no documented evidence
Perspective            that patient was provided information
                       about his diseased left kidney, options,
                       use of anesthesia, of possible risks and
                       complications by staff member. There
                       was no documentation found to
                       indicate a Spanish speaking clinician
                       reviewed the consent Patient signed…”
Case 1: Wrong Kidney Removed



                         Lack of use of a qualified interpreter

                         Use of family member to interpret
                         consent forms and to verify site/side
   Risk                  to be operated on
Management
Perspective
                         Inadequate “time-out” – the
                         meeting between the surgical team
                         and the patient –

                         Inadequate documentation
Case 2: Death of Infant with Apnea




               Hospital Found Negligent in
               the Death of Infant Patient
               with Apnea After Repeated
               Visits to Emergency Room
               and Failure to Obtain
               Complete History from
               Spanish Speaking Parents
Case 2: Death of Infant with Apnea



                    Eleven-day-old female infant patient with a history
                    of apnea

                    The patient stopped breathing while at home, was
                    revived by family, and brought to the ER

  Case              This is a Spanish-speaking family and the firefighter
Overview            noted the language difficulty

                    The hospital failed to obtain a complete history and
                    failed to give proper discharge instructions to the
                    parents

                    When brought to the ER the next day, the patient
                    was placed in Intensive Care and subsequently died
Case 2: Death of Infant with Apnea


                           At the hospital emergency room, a triage nurse
                           evaluated the patient without an interpreter

                           Other providers took history from the patient’s
                           uncle, who used “broken English” and gestures; no
                           interpreter was present

  Clinical                 No mention has been made that the patient had
 Sequence                  stopped breathing or been revived by her uncle

                           A Spanish-speaking doctor later took history from
                           patient’s mother, ran blood tests, found no
                           bleeding disorders

                           Patient released, family given handwritten
                           instructions mostly in English on conditions
                           necessitating return
Case 2: Death of Infant with Apnea


                           The next day, Patient stopped breathing
                           again; father revived her and she was
  Clinical                 brought back to the hospital
 Sequence
(Continued)                Hospital interpreter was present this time

                           The patient was placed in intensive care and
Next day:                  died as a result of oxygen deprivation due to
 Patient                   undiagnosed lung infection
Returns to                 Patient was removed from life support
 Hospital                  systems after four days

                           Autopsy showed patient had lung infection
                           that likely caused apnea
Case 2: Death of Infant with Apnea



                              Failure to use a professional interpreter
                              to take initial history
                              Multiple consequences as a result of the
                              failure to use a qualified interpreter
   Risk
                              In a wrongful death case, a court found
Management                    the plaintiffs negligent, including:
Perspective
                                 " Should have made a more careful
                                     assessment of the patient

                                 " Failure to diagnose her condition
                                     influenced by the lack of adequate
                                     communication

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Risk Management for Healthcare Interpreters

  • 1. Slide Handouts for Risk Management for Healthcare Interpreters These slides are meant for reading, rather than presenting
  • 2. Barbara Lightizer, MS, MA, CPHRM Director Risk Management, Patient Relations & Interpreter Services NEWTON-WELLESLEY HOSPITAL Greg Figaro President & CEO
  • 3. Risk Management The process of making and carrying out decisions that will help prevent adverse consequences and minimize the negative effects of accidental losses on an individual or an organization.
  • 4. Case Studies ! Case 1: Investigation of Surgical Procedure Leading to Removal of Wrong Kidney on Spanish Speaking Patient ! Case 2: Death of Infant Patient with Apnea After Repeated ER Visits and ER’s Failure to Obtain Complete History from Spanish Speaking Parents
  • 5. Case 1: Wrong Kidney Removed A State’s Department of Public Health’s Investigation of Surgical Procedure Leading to Removal of Wrong Kidney on Spanish Speaking Patient
  • 6. Case 1: Wrong Kidney Removed Male patient scheduled for kidney removal Case Patient with comorbidities, high risk Overview Speaker of Spanish Outcome: removal of the wrong kidney!
  • 7. Case 1: Wrong Kidney Removed Son didn’t know which kidney was to be removed Site Marking with Patient Son translated surgical consent form for father Involvement and “assumed” the document was correct Patient Patient’s care plan said to use interpreter to interviews explain the plan of care conducted with the No evidence that a Spanish-speaking provider explained plan of care to patient patient’s son interpreting Surgeon reported patient may not have known which kidney was to be removed
  • 8. Case 1: Wrong Kidney Removed The hospital failed to provide the patient with several standard safeguards and rights: Investigation " Clinical Privileges Findings " Universal Protocol: Prevention of Wrong Patient, Wrong Procedure, Wrong Site Surgery/Procedure " Right to receive information in patient’s primary language
  • 9. Case 1: Wrong Kidney Removed “The facility’s failure to implement policies and procedures for Medical Staff led to the removal of the incorrect kidney of Patient. Further, it led to Investigation Patient’s mistakenly signing a consent Findings for removal of the incorrect kidney. This is a deficiency that has caused a serious injury or death to the patient, and therefore constitutes immediate jeopardy within the meaning of the Health and Safety Code…”
  • 10. Case 1: Wrong Kidney Removed “Before surgery, they marked the right side. I Patient’s Son’s Perspective didn’t have a clue what side… they told me they found a tumor on the kidney…”
  • 11. Case 1: Wrong Kidney Removed “I translated the document (the surgical Patient’s Son’s consent) for him Perspective (Patient). I didn’t know if the right or left side was correct. I assumed it was correct.”
  • 12. Case 1: Wrong Kidney Removed “Order and consent verified with Patient, x-rays, other Data.” was circled “Yes.” The section Clinical which indicated “surgical site/ Perspective side verification, “ was reviewed. The section which indicated “Site/Side confirmed with patient, surgeon,” was blank. The “Side” was circled, “Right.”
  • 13. Case 1: Wrong Kidney Removed An interview conducted with Surgeon on July 16, 2009 … Surgeon stated. “The patient may not have fully understood which kidney…” Clinical There was no documented evidence Perspective that patient was provided information about his diseased left kidney, options, use of anesthesia, of possible risks and complications by staff member. There was no documentation found to indicate a Spanish speaking clinician reviewed the consent Patient signed…”
  • 14. Case 1: Wrong Kidney Removed Lack of use of a qualified interpreter Use of family member to interpret consent forms and to verify site/side Risk to be operated on Management Perspective Inadequate “time-out” – the meeting between the surgical team and the patient – Inadequate documentation
  • 15. Case 2: Death of Infant with Apnea Hospital Found Negligent in the Death of Infant Patient with Apnea After Repeated Visits to Emergency Room and Failure to Obtain Complete History from Spanish Speaking Parents
  • 16. Case 2: Death of Infant with Apnea Eleven-day-old female infant patient with a history of apnea The patient stopped breathing while at home, was revived by family, and brought to the ER Case This is a Spanish-speaking family and the firefighter Overview noted the language difficulty The hospital failed to obtain a complete history and failed to give proper discharge instructions to the parents When brought to the ER the next day, the patient was placed in Intensive Care and subsequently died
  • 17. Case 2: Death of Infant with Apnea At the hospital emergency room, a triage nurse evaluated the patient without an interpreter Other providers took history from the patient’s uncle, who used “broken English” and gestures; no interpreter was present Clinical No mention has been made that the patient had Sequence stopped breathing or been revived by her uncle A Spanish-speaking doctor later took history from patient’s mother, ran blood tests, found no bleeding disorders Patient released, family given handwritten instructions mostly in English on conditions necessitating return
  • 18. Case 2: Death of Infant with Apnea The next day, Patient stopped breathing again; father revived her and she was Clinical brought back to the hospital Sequence (Continued) Hospital interpreter was present this time The patient was placed in intensive care and Next day: died as a result of oxygen deprivation due to Patient undiagnosed lung infection Returns to Patient was removed from life support Hospital systems after four days Autopsy showed patient had lung infection that likely caused apnea
  • 19. Case 2: Death of Infant with Apnea Failure to use a professional interpreter to take initial history Multiple consequences as a result of the failure to use a qualified interpreter Risk In a wrongful death case, a court found Management the plaintiffs negligent, including: Perspective " Should have made a more careful assessment of the patient " Failure to diagnose her condition influenced by the lack of adequate communication