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Gislason in Partnership with University of Minnesota Physicians

November 25, 2019

University of Minnesota Physicians (M Physicians) is no longer content with the status quo and is embracing a cultural shift in the way it identifies and handles adverse medical events through its communication and resolution program. Their Principled Response Model to Adverse Clinical Outcomes is built on a foundation of transparent communication and proactive response to these events, an approach that seeks to benefit all parties: patients, physicians, and medical staff. Through its adoption and implementation of this principled response model, M Physicians believes it will continue leading the industry in patient care, experience, and outcomes.

Their risk management approach has evolved over time, but what does the response model look like in action? Once an adverse medical event or unexpected outcome is identified, the goal of M Physicians team is to not wait for a patient to complain or for a lawyer to call. Instead, they encourage physicians to report unplanned clinical outcomes as soon as possible, investigate and assess the situation and strive to proactively and candidly communicate with the patient regarding the event or outcome. If the collective assessment reveals that its medical team provided appropriate care, this conclusion will be promptly communicated to the patient and the care, if necessary, will be vigorously defended. However, if the medical care provided to a patient fell below their standards, M Physicians will, where appropriate, seek to provide an explanation, an apology, or an offer of fair compensation.

At each step of the response model process, open and candid conversations are had with patients and, if appropriate, the patient’s family. To M Physicians, communication is key. It is their intention that these conversations:

  • provide a comfortable and non-adversarial forum in which the care can be openly discussed;
  • keep the patient advised of the progress of an investigation;
  • assist in managing the parties’ expectations;
  • promote accountability for all parties; and
  • strengthen the physician-patient relationship.

The success of the response model rests on a foundation of honesty and transparency with the patient, which begins with candid, ongoing discussions in the service of the patient-physician relationship especially when the clinical outcome resulted from an avoidable medical error. At its heart, this model represents a tangible commitment to M Physicians’ clinical mission and, more personally, to many of the reasons physicians entered the field. Over the past several years, Ruth Flynn, JD, Associate General Counsel and Vice President for Enterprise Risk Management, and her team have successfully utilized this model selectively. They are now moving toward consistent and systematic application of these principles for all future unplanned clinical outcomes. When faced with an adverse event, the Risk Management team will guide M Physicians’ providers to respond in a way that honors a trusting patient relationship—a way that’s been proven to avoid needless litigation and strengthen trust.

M Physicians believes the response model is the future of risk management. With an understanding that the “deny and defend” approach often helps few and leaves plenty of wreckage in its wake while impeding clinical improvement, they believe the response model is truly about achieving better outcomes for all stakeholders. And, the evidence bears that out. The University of Michigan Health System in Ann Arbor has shown promising results since implementing its own early disclosure and offer program 20 years ago. Michigan’s program has reportedly resulted in fewer claims, fewer lawsuits and lower liability costs. Ten years after implementing its program, Michigan found that the rate of new claims had decreased from approximately seven per 100,000 patients to fewer than five. And, the rate of lawsuits had also declined – from 2.13 suits per 100,000 patients per month to approximately 0.75.

Not surprisingly, Michigan has also reported anecdotal evidence suggesting that its program significantly accelerated clinical improvements while helping to maintain the patient-physician relationship—even when patients have been harmed by a medical error. Michigan also notes that its program has had a positive effect on the morale of health care professionals whose voices are heard throughout the process and the need to resort to the adversarial process diminishes. In addition to doing right by its patients and medical staff, these are the kind of outcomes that have motivated M Physicians to implement the response model.

Make no mistake: The response model is not a “roll over.” Quite the contrary, it is a highly principled approach, one that promises to quickly support caregivers when their care was reasonable under the circumstances while building a sense of clinical accountability when outcomes resulted from unreasonable medical mistakes. M Physicians will continue to vigorously defend good medicine. Physicians, residents, and medical staff can remain confident that when they provide good care, M Physicians will go to bat for them. This is because the response model requires transparency and honesty about all outcomes—good and bad. When the standard of care is met, M Physicians will defend the care. When compensation is warranted, M Physicians will move quickly to fairly resolve the potential claim without the need for litigation, while accelerating clinical improvements to protect future patients.

One way this is accomplished is by retaining attorneys who not only specialize in medical malpractice, but who understand M Physicians’ devotion to the response model. The law firm of Gislason & Hunter LLP is proud to partner with M Physicians, a long-time client, in the growth and implementation of the response model. Gislason & Hunter has a dedicated Medical Malpractice Group with an extensive history of successful defense representation in various forms of professional malpractice actions in Minnesota, Iowa, and Wisconsin. Adding to that history is Gislason & Hunter’s commitment to aiding M Physicians, and any other client, in pursuing early, thorough, and candid evaluations of adverse medical outcomes.

“We are pleased M Physicians continues to partner with our firm and are eager to play our role in this collaborative approach, which will benefit our client, but more importantly, will benefit our community,” said Angela M. Nelson, Medical Malpractice Partner at Gislason & Hunter.

Badrinath Konety, M.D., MBA, CEO of M Physicians, agrees. “We believe this approach benefits everyone,” said Dr. Konety. “Our physicians can feel secure that we will defend good medicine, and patients can feel secure that they will receive open, honest communication at all stages of their care. If there is an adverse event, we will take proactive steps and most importantly, continually advance clinical improvements.”

Underscoring its commitment and dedication to the response model, M Physicians recently created a new leadership role meant to serve as a driving force behind the program. Barbara Gold, M.D., an anesthesiologist by training, was named Chief Clinical Risk Management Officer for the University of Minnesota Medical School and M Physicians. In her position, Dr. Gold bridges the gap between these two organizations, which permits greater collaboration and goal alignment. Dr. Gold will be responsible for building the training and peer support structures necessary for the response model to thrive now and into the future and for systematizing the response model into the cultures of the practice and the Medical School. To M Physicians’ knowledge, Dr. Gold’s position is unmatched at other similar organizations.

“As a practice, we have had a transparent, proactive mindset toward addressing adverse events for some time. Now, we are putting the structures and training in place to systematize the process to better support providers and leverage this for the benefit of the larger clinical mission,” said Dr. Gold.

As an academic medical system, M Physicians and the U of M Medical School are in a unique position to employ this innovative approach. By implementing the response model and its underlying philosophy directly into the Medical School curriculum, they have the ability to introduce this risk management approach to the next generation of physicians. By so doing, M Physicians is shepherding a shift in organizational and professional culture that will benefit physicians and patients not only now but also in the years to come.

“This model will create a very supportive learning environment for our residents and fellows,” said Susan G. Kratz, Academic Health Center Counsel. “The earlier physicians can learn how to have these conversations, the better prepared they will be when they begin their practice.”

There is no doubt that change can be hard and is often met with resistance, and adverse medical outcomes are rarely simple black and white issues.

“Our response to adverse events needs to be congruent with our mission as physicians–showing compassion and aspiring to heal,” said Dr. Gold. “It will be a challenge, but our honest and collaborative approach will ultimately lead to better outcomes for our patients and providers.”