Georgia has introduced the CANDOR (Communication and Optimal Resolution) Act, a law that seeks to improve communication between healthcare providers and patients regarding medical errors and patient safety. The legislation is based on the CANDOR programme, which recognises that medical errors can happen despite best efforts, and healthcare providers must communicate clearly the implications of such errors to patients. Utah, Iowa and Colorado have also adopted CANDOR laws. The CANDOR Act would protect CANDOR conversations from being used in related legal or administrative proceedings.
The Georgia legislature recently introduced the CANDOR (Communication and Optimal Resolution) Act. The legislation is based on a program of the same name that aims to improve communication between healthcare providers and patients about medical errors and patient safety. The CANDOR program recognizes that despite the best efforts of healthcare providers, medical errors can occur. In such situations, it is essential for healthcare providers to communicate the error and its implications clearly to the patient.
Historically, healthcare providers have tended to assume a defensive stance in the event of a medical error and avoid telling the patient what happened. This approach is commonly known as “deny, delay, and defend.” For many years, this defensive stance has been a barrier to open and honest communication between healthcare providers and patients.
The CANDOR program changes this paradigm by creating a model for communication between patients and providers about medical errors. Healthcare providers are required to explain the medical error to the patient and their family or caregivers as soon as possible. They should outline how the error will affect patient care and offer counseling and support to the family and caregivers. They may also discuss compensation for the error and any harm caused.
Patients are encouraged to have legal counsel present during CANDOR conversations. Healthcare organizations also have a critical role to play in identifying and addressing the root causes of patient safety incidents and assessing the steps leading up to the issue. They should keep patients and families informed of updates and offer counseling to providers whose patients have experienced a medical error.
The CANDOR Coalition, which advocates for the adoption of the CANDOR program, believes that this process is essential to creating a better patient experience. It can also help prevent medical malpractice lawsuits by promoting a culture of transparency and building patient trust.
The CANDOR law proposed in Georgia would protect CANDOR conversations from being used in related legal or administrative proceedings. This protection is necessary because when healthcare providers know that patient-provider communication about medical errors can be used in legal proceedings, it may discourage them from having those conversations and perpetuate the “deny, delay, and defend” culture that the CANDOR Coalition stands against.
The CANDOR Coalition emphasizes that a CANDOR law would not remove physician oversight. Hospitals would still be required to review incidents through the standard peer review process, and patients would always have the right to file a complaint with the Medical Board. Certain actions taken by a hospital against a physician’s privileges and certain actions taken by the Medical Board against a physician’s license would still be reported to the NPDB.
At present, three other states (Utah, Colorado, and Iowa) have CANDOR laws. The introduction of the CANDOR Act in Georgia reflects a growing recognition of the importance of communication and transparency in promoting patient safety and improving the quality of care. The adoption of similar legislation in other states and at the federal level could have far-reaching implications for the healthcare industry and patient outcomes.
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