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Reimagining healing after healthcare harm: the
potential for restorative practices.
August 4, 2020
Moderator
Allison Kooijman,
Co-Chair of the PFPSC
Objectives
• Learn about innovative approaches in restoring health and repairing trust
• Imagine better ways to respond to patient safety incidents
• Offer at least one practical idea for engaging patients, families and the
public in improving patient safety
Agenda
Part 1: Presentations & Q&A (60 minutes)
Rob Robson Learnings from the Winnipeg Regional Health Authority
Q&A
Martin Hatlie Communication and Optimal Resolution (CANDOR)
Q&A
Jo Wailling Restorative Justice and Surgical Mesh Harm: The New Zealand Experience
Q&A
Part 2: Panel discussion (30 minutes)
Please use chat to ask questions and to contribute to the discussion.
Learnings from the Winnipeg Regional Health Authority
Rob Robson
Principal Advisor
Healthcare System Safety and Accountability, Inc.
H e a l t h c a r e S y s t e m S a f e t y a n d A c c o u n t a b i l i t y I n c .
Reimaging Healing After
Healthcare Harm:
Giving Back the Pen
CPSI/PFPSC Webinar
August 4, 2020
Disclosure Statement: (Dr. Robert Robson)
Healthcare System Safety and Accountability Inc. – Giving Back the Pen 7
✓ Founding member of Resilient Health Care Network
✓ Principal of Healthcare System Safety and Accountability, Inc.
✓ No financial, scientific or ethical conflict of interest
Giving Back the Pen: A few messy details
Healthcare System Safety and Accountability Inc. – Giving Back the Pen 8
11:1 13:1 160,000:1
$50,000,000
($50M)
$5,000,000,000
($5B)
188 550 2,700
Original art work , “The Lost Patient” by Dr. Jaswant Guzder
Giving Back the Pen: (A few basic principles – WRHA)
Healthcare System Safety and Accountability Inc. – Giving Back the Pen 9
✓ Involve all the parties in the investigation of the AE:
✓ Patients, families, healthcare providers
✓Use appropriate methods to investigate the AE
✓Train the patient safety investigators
✓Involve the parties in developing recommendations
✓ Patients, families, HCPs
✓Active commitment of senior leadership to improving PS
✓Share the learning widely
Wisdom from the Master: (Dr. Lucian Leape – 2006)
Healthcare System Safety and Accountability Inc. – Giving Back the Pen 10
1. Clear policy about early disclosure of harm (+++)
2. Train staff in disclosure discussions (+++)
3. Develop effective support for patients and providers (+/-)
4. Develop process to promote early discussion of compensation (++)
Giving Back the Pen: (Developing the Process)
Healthcare System Safety and Accountability Inc. – Giving Back the Pen 11
“if you take my pen, and say you are sorry, and don’t give me back my pen, nothing has happened”
(attributed to Bishop Desmond Tutu)
Giving Back the Pen: Disclosure, Apology and Early Compensation
Discussion after Harm in the Healthcare Setting
Rob Robson and Elaine Pelletier
Healthcare Quarterly, Vol 11(Sp), March 2008,
85-90.doi:10.12927/hcq.2008.19655
H e a l t h c a r e S y s t e m S a f e t y a n d A c c o u n t a b i l i t y I n c .
Questions?
I will be happy to try to answer them
Contact information:
Dr. Rob Robson, Principal Advisor
Healthcare System Safety and Accountability, Inc.
rrobson@hssa.ca
www.robrobson.ca
Communication and Optimal Resolution
(CANDOR)
Martin Hatlie
President & CEO for Project Patient Care
Reimagining Healing After Harm - the Potential for
Restorative Approaches
The Case for CANDOR
Patients for Patient Safety Canada Webinar, August 4, 2020
Martin J Hatlie, JD
Co-Director, MedStar Institute for Quality and Safety
CANDOR Toolkit
https://www.ahrq.gov/candor
The Communication and Optimal Resolution (CANDOR) process is a process
that health care institutions and practitioners can use to respond in a timely,
thorough, and just way when unexpected events cause patient harm.
Based on expert input and lessons learned from the Agency's $23 million
Patient Safety and Medical Liability grant initiative launched in 2009, the
CANDOR toolkit was tested and applied in 14 hospitals across three U.S.
health systems.
*****
We realize mistakes happen, and we can forgive that; but you harm us again
by not being honest and transparent with us…we should be healing and
learning together how to prevent this from happening to someone else.
Carole Hemmelgarn, Patient Advocate
Acknowledgement
Thanks to Timothy B McDonald, MD JD, for his
leadership in the development of CANDOR
and this slide deck, and to
Carole Hemmelgarn, MS MS, member MIQS Advisory
Council
Dr. McDonald currently serves as Chief Patient Safety
Officer for RL Datix
Communication AND Optimal Resolution
3
Response and
Communication
1
Identification
of CANDOR
Event
2
CANDOR
System
Activation
4
Investigation
and Analysis –
Event Review
5
Resolution
Goals of the CANDOR Program
• Reduce harm thru transparency and learning
• Reduce legal involvement through early, effective communication with
all parties
• Resolve inappropriate care cases early, efficiently
• Support patient and family engagement
• Support care professionals following harm events
Communication is the “C” in CANDOR
• Communications assessment tool
• Measures emotional intelligence
• Assesses cognitive complexity
• Identifies highly skilled communicators in complex
social situations
• Balances out the “special colleague” issue
Following Harm: Not Always Transparent, Not Always
Learning
Gibson , Rosemary & J. P. Singh, Wall of Silence, 2003.
--CANDOR
February 2012
The Unkind Acts Cascade:
Collateral Damage of The Wall of Silence
What’s wrong with this picture?
Event Occurs
Harm??
Event
Investigation
Apology with Remediation
Data
Base
No
Yes
Inappropriate
care??
Yes
No
Didn’t get it quite right in the beginning
• With Patient Advocates connecting our hearts with our heads
– We needed a rapid and ongoing response to harm
– We needed to include patients and families in event analysis.
– Learning and improvement needed to be hard-wired
– We need to learn to listen and not just disclose
– Billing patients for inappropriate care adds salt to the wound – we must stop that!
After patient, family, and clinician input – to the
Seven Pillars Approach
Paradigm
Shift
Traditional Response Communication and Optimal
Resolution (CANDOR ) Process
Incident reporting by
clinicians
Delayed, often absent Immediate
Communication with
patient, family
Deny/defend Transparent, ongoing
Event analysis Physician, nurse are root
cause
Focus on Just Culture, system, human
factors
Quality improvement Provider training Drive value through system solutions,
disseminated learning
Financial resolution Only if family prevails on a
malpractice claim
Proactively address patient/family
needs
Care for the caregivers None Offered immediately
Patient, family
involvement
Little to none Extensive and ongoing
Introduction 6
13 years of data: event reports
13 years of data: event analyses
13 years of data: quarterly claims
13 years of data data: liability
costs
Confidential Pursuant to ARS
31
Other critical data
• Time to resolution reduced more than 70%
• Reduction in serious safety events
• Improved staff engagement
• Big ROI for Care For Caregiver programs programs
32
LESSONS LEARNED FROM
200 HOSPITALS
• Strong support across all organizations for communication following harm
• Few organizations have comprehensive disclosure policies
• The approach to disruptive behavior is highly variable
• Barriers to reporting of events include fear and apathy
• No organization routinely obtains input from patients and families as part of
event review or root cause analysis
• Less than 10% of organizations are collecting and analyzing data based upon
race, ethnicity, or preferred language
• Most organizations rely on EAP to provide support for care givers in distress
or following patient harm
• Especially amongst medical staff, the desire for a reliable “care for caregiver”
process is high
• Without C-Suite engagement and BoD support, CANDOR implementation
fails.
CANDOR Gap Analysis – Lessons Learned
Aggregate Results from > 200 hospitals
Key Insight
The importance of open and honest communication to patients and family
members was underscored by inclusion of persons who experienced
preventable harm in healthcare as faculty in each workshop. The project
team recruited patient/family faculty who had both experienced a CANDOR-
like process, as well as those who did not and considered the failure to
communicate to be an additional devastating harm.
Welcoming patients and family members as faculty also created an
environment where empathy thrived. In the context of medical liability and
liability reform, it disruptively changed who talks to who about what.
Workshop participants who work in healthcare heard in a non-defensive
environment what it is like to be harmed as a patient or as a family members
who experienced a “collateral harm” to their loved one’s harm. Patient/family
faculty were able to understand the complexity of concerns and feelings
providers weigh when their performance may have contributed to harm.
Restorative Justice and Surgical Mesh Harm:
The New Zealand Experience
Jo Wailling
Restorative Responses to Harm
Jo Wailling RN Research Fellow & Facilitator
jo.wailling@vuw.ac.nz
@JWailling
“I thought: The problem is errors.
I learnt: The problem is harm.”
(Berwick, 2002)
“The reduction of risk of unnecessary harm associated with
healthcare to an acceptable minimum.”
Runciman et al. 2009, p.21.
Patient Safety
Healthcare Harm
• Iatrogenic
• Adverse events
• Workplace
• Psychosocial (Edmonson, 1999; Heraghty, Rae & Dekker, 2020; Blackwood, 2015; Pattni
et al. 2018; ACEM, 2017; Rook, 2017; Baillie 2017; Barret & Scott, 2015; Newmann et al.,
2011)
• Moral (Dean, Talbot & Caplan, 2020)
CEO
District Health
Board Chair
Executive
leadership team
Medicine Surgery Primary Care
Blunt end
Sharp end
What rules have been violated?
Who broke them?
What punishment do they deserve?
Where do we end up?
Retributive Inquiry
https://www.shutterstock.com/g/BillionPhotos
DIGNITY
“I thought: What’s important happens before the injury.
I learned: What happens after the injury is equally
important.”
(Berwick, 2002)
Respond
Restoring
people and
relationships
Monitor
Repairing relationships at the first sign of
things going wrong
Anticipate
Promoting wellbeing through strong relationships.
Working together and installing responsibility for self, others and community wellbeing
Anticipating&Learning
REACTIVE
PROACTIVE
Wailling, J. (2020). Restorative applications in resilient
healthcare systems.
RJ Distinctiveness
• Process
• Relational principles
• Values
• Goals
Marshall, 2019
Restorative Inquiry
Who has been hurt and what are their
needs?
Who is responsible for the harm and
what are their obligations?
How can things be put right?
How can we prevent it from happening
again?
Where do we end up?
Restorative Response
“Inclusive democratic dialogue, guided by concern to address
harms, meet needs, restore trust, and promote repair or healing
for all involved.”
Marshall, 2019
Restorative practices are similar in nature
to Wānanga hui practices,
Different perspectives can be expressed in
a safe and respectful way.
They are mana-enhancing for all involved,
with collective wellbeing at their core
Wi Keelan, Kaumātua HQSC Mental Health and Addiction Quality
Improvement Programme.
Tiriti o Waitangi
Justice Need Definition
Substantive The actual harms that need to be remedied.
Procedural
The process of interacting, communicating and making
decisions about how to address the harms.
Psychological
The way one is acknowledged, respected and treated
throughout the process, ensuring those affected can
honestly communicate differences, concerns and potential
similarities with each other in a safe way.
New Zealand Context
• 2014 MDU seek an independent
inquiry.
• 2016 Health select committee
recommendations.
• 2017 Mesh round table formed.
• 2018 Mesh injured asked how they
would like to share their stories.
Phase 1: Listening and Understanding
• Listening Circles
• Individual conferences
• Online reporting
Phase 2: Planning and acting
• Preparation
• Circles.
• Facilitated discussion.
• Commitment to action.
• Relationship agreement.
Phase 3: Learning (June 2020)
• Understand people’s experiences of
the process.
• Were immediate and short term
objectives achieved?
• Can/should approach be successfully
replicated elsewhere.
https://www.health.govt.nz/system/fi
les/documents/publications/respondi
ng-to-harm-from-surgical-mesh-
dec19.pdf
Questions?
jo.wailling@vuw.ac.nz
@JWailling
Part 1: Wrap Up and Evaluation
Objectives:
– Learn about innovative approaches in restoring health and repairing
trust
– Imagine better ways to respond to patient safety incidents
– Offer at least one practical idea for engaging patients, families and the
public in improving patient safety
Thank you Thank you!
Contact patients@cpsi-icsp.ca
Twitter @patients4safety
Part 2: Panel Discussion
Thank you Thank you!
Contact patients@cpsi-icsp.ca
Twitter @patients4safety

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Reimagining healing after healthcare harm: the potential for restorative practices

  • 1. Reimagining healing after healthcare harm: the potential for restorative practices. August 4, 2020
  • 3. Objectives • Learn about innovative approaches in restoring health and repairing trust • Imagine better ways to respond to patient safety incidents • Offer at least one practical idea for engaging patients, families and the public in improving patient safety
  • 4. Agenda Part 1: Presentations & Q&A (60 minutes) Rob Robson Learnings from the Winnipeg Regional Health Authority Q&A Martin Hatlie Communication and Optimal Resolution (CANDOR) Q&A Jo Wailling Restorative Justice and Surgical Mesh Harm: The New Zealand Experience Q&A Part 2: Panel discussion (30 minutes) Please use chat to ask questions and to contribute to the discussion.
  • 5. Learnings from the Winnipeg Regional Health Authority Rob Robson Principal Advisor Healthcare System Safety and Accountability, Inc.
  • 6. H e a l t h c a r e S y s t e m S a f e t y a n d A c c o u n t a b i l i t y I n c . Reimaging Healing After Healthcare Harm: Giving Back the Pen CPSI/PFPSC Webinar August 4, 2020
  • 7. Disclosure Statement: (Dr. Robert Robson) Healthcare System Safety and Accountability Inc. – Giving Back the Pen 7 ✓ Founding member of Resilient Health Care Network ✓ Principal of Healthcare System Safety and Accountability, Inc. ✓ No financial, scientific or ethical conflict of interest
  • 8. Giving Back the Pen: A few messy details Healthcare System Safety and Accountability Inc. – Giving Back the Pen 8 11:1 13:1 160,000:1 $50,000,000 ($50M) $5,000,000,000 ($5B) 188 550 2,700 Original art work , “The Lost Patient” by Dr. Jaswant Guzder
  • 9. Giving Back the Pen: (A few basic principles – WRHA) Healthcare System Safety and Accountability Inc. – Giving Back the Pen 9 ✓ Involve all the parties in the investigation of the AE: ✓ Patients, families, healthcare providers ✓Use appropriate methods to investigate the AE ✓Train the patient safety investigators ✓Involve the parties in developing recommendations ✓ Patients, families, HCPs ✓Active commitment of senior leadership to improving PS ✓Share the learning widely
  • 10. Wisdom from the Master: (Dr. Lucian Leape – 2006) Healthcare System Safety and Accountability Inc. – Giving Back the Pen 10 1. Clear policy about early disclosure of harm (+++) 2. Train staff in disclosure discussions (+++) 3. Develop effective support for patients and providers (+/-) 4. Develop process to promote early discussion of compensation (++)
  • 11. Giving Back the Pen: (Developing the Process) Healthcare System Safety and Accountability Inc. – Giving Back the Pen 11 “if you take my pen, and say you are sorry, and don’t give me back my pen, nothing has happened” (attributed to Bishop Desmond Tutu) Giving Back the Pen: Disclosure, Apology and Early Compensation Discussion after Harm in the Healthcare Setting Rob Robson and Elaine Pelletier Healthcare Quarterly, Vol 11(Sp), March 2008, 85-90.doi:10.12927/hcq.2008.19655
  • 12. H e a l t h c a r e S y s t e m S a f e t y a n d A c c o u n t a b i l i t y I n c . Questions? I will be happy to try to answer them Contact information: Dr. Rob Robson, Principal Advisor Healthcare System Safety and Accountability, Inc. rrobson@hssa.ca www.robrobson.ca
  • 13. Communication and Optimal Resolution (CANDOR) Martin Hatlie President & CEO for Project Patient Care
  • 14. Reimagining Healing After Harm - the Potential for Restorative Approaches The Case for CANDOR Patients for Patient Safety Canada Webinar, August 4, 2020 Martin J Hatlie, JD Co-Director, MedStar Institute for Quality and Safety
  • 15. CANDOR Toolkit https://www.ahrq.gov/candor The Communication and Optimal Resolution (CANDOR) process is a process that health care institutions and practitioners can use to respond in a timely, thorough, and just way when unexpected events cause patient harm. Based on expert input and lessons learned from the Agency's $23 million Patient Safety and Medical Liability grant initiative launched in 2009, the CANDOR toolkit was tested and applied in 14 hospitals across three U.S. health systems. ***** We realize mistakes happen, and we can forgive that; but you harm us again by not being honest and transparent with us…we should be healing and learning together how to prevent this from happening to someone else. Carole Hemmelgarn, Patient Advocate
  • 16. Acknowledgement Thanks to Timothy B McDonald, MD JD, for his leadership in the development of CANDOR and this slide deck, and to Carole Hemmelgarn, MS MS, member MIQS Advisory Council Dr. McDonald currently serves as Chief Patient Safety Officer for RL Datix
  • 17. Communication AND Optimal Resolution 3 Response and Communication 1 Identification of CANDOR Event 2 CANDOR System Activation 4 Investigation and Analysis – Event Review 5 Resolution
  • 18. Goals of the CANDOR Program • Reduce harm thru transparency and learning • Reduce legal involvement through early, effective communication with all parties • Resolve inappropriate care cases early, efficiently • Support patient and family engagement • Support care professionals following harm events
  • 19. Communication is the “C” in CANDOR • Communications assessment tool • Measures emotional intelligence • Assesses cognitive complexity • Identifies highly skilled communicators in complex social situations • Balances out the “special colleague” issue
  • 20.
  • 21. Following Harm: Not Always Transparent, Not Always Learning Gibson , Rosemary & J. P. Singh, Wall of Silence, 2003. --CANDOR February 2012
  • 22. The Unkind Acts Cascade: Collateral Damage of The Wall of Silence
  • 23. What’s wrong with this picture? Event Occurs Harm?? Event Investigation Apology with Remediation Data Base No Yes Inappropriate care?? Yes No
  • 24. Didn’t get it quite right in the beginning • With Patient Advocates connecting our hearts with our heads – We needed a rapid and ongoing response to harm – We needed to include patients and families in event analysis. – Learning and improvement needed to be hard-wired – We need to learn to listen and not just disclose – Billing patients for inappropriate care adds salt to the wound – we must stop that!
  • 25. After patient, family, and clinician input – to the Seven Pillars Approach
  • 26. Paradigm Shift Traditional Response Communication and Optimal Resolution (CANDOR ) Process Incident reporting by clinicians Delayed, often absent Immediate Communication with patient, family Deny/defend Transparent, ongoing Event analysis Physician, nurse are root cause Focus on Just Culture, system, human factors Quality improvement Provider training Drive value through system solutions, disseminated learning Financial resolution Only if family prevails on a malpractice claim Proactively address patient/family needs Care for the caregivers None Offered immediately Patient, family involvement Little to none Extensive and ongoing Introduction 6
  • 27. 13 years of data: event reports
  • 28. 13 years of data: event analyses
  • 29. 13 years of data: quarterly claims
  • 30. 13 years of data data: liability costs
  • 32. Other critical data • Time to resolution reduced more than 70% • Reduction in serious safety events • Improved staff engagement • Big ROI for Care For Caregiver programs programs 32
  • 34. • Strong support across all organizations for communication following harm • Few organizations have comprehensive disclosure policies • The approach to disruptive behavior is highly variable • Barriers to reporting of events include fear and apathy • No organization routinely obtains input from patients and families as part of event review or root cause analysis • Less than 10% of organizations are collecting and analyzing data based upon race, ethnicity, or preferred language • Most organizations rely on EAP to provide support for care givers in distress or following patient harm • Especially amongst medical staff, the desire for a reliable “care for caregiver” process is high • Without C-Suite engagement and BoD support, CANDOR implementation fails. CANDOR Gap Analysis – Lessons Learned Aggregate Results from > 200 hospitals
  • 35. Key Insight The importance of open and honest communication to patients and family members was underscored by inclusion of persons who experienced preventable harm in healthcare as faculty in each workshop. The project team recruited patient/family faculty who had both experienced a CANDOR- like process, as well as those who did not and considered the failure to communicate to be an additional devastating harm. Welcoming patients and family members as faculty also created an environment where empathy thrived. In the context of medical liability and liability reform, it disruptively changed who talks to who about what. Workshop participants who work in healthcare heard in a non-defensive environment what it is like to be harmed as a patient or as a family members who experienced a “collateral harm” to their loved one’s harm. Patient/family faculty were able to understand the complexity of concerns and feelings providers weigh when their performance may have contributed to harm.
  • 36.
  • 37. Restorative Justice and Surgical Mesh Harm: The New Zealand Experience Jo Wailling
  • 38. Restorative Responses to Harm Jo Wailling RN Research Fellow & Facilitator jo.wailling@vuw.ac.nz @JWailling
  • 39. “I thought: The problem is errors. I learnt: The problem is harm.” (Berwick, 2002)
  • 40. “The reduction of risk of unnecessary harm associated with healthcare to an acceptable minimum.” Runciman et al. 2009, p.21. Patient Safety
  • 41. Healthcare Harm • Iatrogenic • Adverse events • Workplace • Psychosocial (Edmonson, 1999; Heraghty, Rae & Dekker, 2020; Blackwood, 2015; Pattni et al. 2018; ACEM, 2017; Rook, 2017; Baillie 2017; Barret & Scott, 2015; Newmann et al., 2011) • Moral (Dean, Talbot & Caplan, 2020)
  • 42.
  • 43. CEO District Health Board Chair Executive leadership team Medicine Surgery Primary Care Blunt end Sharp end
  • 44. What rules have been violated? Who broke them? What punishment do they deserve? Where do we end up? Retributive Inquiry
  • 46.
  • 47.
  • 49. “I thought: What’s important happens before the injury. I learned: What happens after the injury is equally important.” (Berwick, 2002)
  • 50. Respond Restoring people and relationships Monitor Repairing relationships at the first sign of things going wrong Anticipate Promoting wellbeing through strong relationships. Working together and installing responsibility for self, others and community wellbeing Anticipating&Learning REACTIVE PROACTIVE Wailling, J. (2020). Restorative applications in resilient healthcare systems.
  • 51. RJ Distinctiveness • Process • Relational principles • Values • Goals Marshall, 2019
  • 52. Restorative Inquiry Who has been hurt and what are their needs? Who is responsible for the harm and what are their obligations? How can things be put right? How can we prevent it from happening again? Where do we end up?
  • 53. Restorative Response “Inclusive democratic dialogue, guided by concern to address harms, meet needs, restore trust, and promote repair or healing for all involved.” Marshall, 2019
  • 54. Restorative practices are similar in nature to Wānanga hui practices, Different perspectives can be expressed in a safe and respectful way. They are mana-enhancing for all involved, with collective wellbeing at their core Wi Keelan, Kaumātua HQSC Mental Health and Addiction Quality Improvement Programme. Tiriti o Waitangi
  • 55. Justice Need Definition Substantive The actual harms that need to be remedied. Procedural The process of interacting, communicating and making decisions about how to address the harms. Psychological The way one is acknowledged, respected and treated throughout the process, ensuring those affected can honestly communicate differences, concerns and potential similarities with each other in a safe way.
  • 56.
  • 57. New Zealand Context • 2014 MDU seek an independent inquiry. • 2016 Health select committee recommendations. • 2017 Mesh round table formed. • 2018 Mesh injured asked how they would like to share their stories.
  • 58. Phase 1: Listening and Understanding • Listening Circles • Individual conferences • Online reporting
  • 59.
  • 60.
  • 61. Phase 2: Planning and acting • Preparation • Circles. • Facilitated discussion. • Commitment to action. • Relationship agreement.
  • 62. Phase 3: Learning (June 2020) • Understand people’s experiences of the process. • Were immediate and short term objectives achieved? • Can/should approach be successfully replicated elsewhere.
  • 65. Part 1: Wrap Up and Evaluation Objectives: – Learn about innovative approaches in restoring health and repairing trust – Imagine better ways to respond to patient safety incidents – Offer at least one practical idea for engaging patients, families and the public in improving patient safety
  • 66. Thank you Thank you! Contact patients@cpsi-icsp.ca Twitter @patients4safety
  • 67. Part 2: Panel Discussion
  • 68. Thank you Thank you! Contact patients@cpsi-icsp.ca Twitter @patients4safety