Minimising medical negligence through effective, professional communication

Patient rights have become top­ical in present day Ghana. Therefore, any act against pa­tient interest finds itself on social media with atten­dant backlashes which ultimately affect the integrity of organisa­tions and the services/products they offer to the public.

The health sector issues are more worrying because some­times these end up in injury or death and it raises disaffection within the public space; fuelled by active social media commenta­tors and those genuinely affected. The quest to sue professionals and owners of facilities has gained notoriety.

Case law in Ghana in recent times is replete with such cases affecting all service providers -Teaching hospitals, Ghana Health Service facilities, Qua­si-government institutions like 37 Military Hospital, Christian Health Association of Ghana (CHAG) member facilities and the private sector. The future promises to be worse.

In 2021 for example, a regis­tered NGO, “Advocacy for Med­ical Malpractice Victims” based in Kumasi, started advertising for such cases to pursue on behalf of victims or relations.

Needless to mention, depend­ing on the nature of injury or death and the circumstance of the victim (age, sex, occupation, etc.), demand for compensation may run into millions of Ghana cedis, some capable of closing down any non-government owned health facility, with an attendant slur on the integrity of the owner.

Dealing with these matters may take two forms. Some may target the professionals; in which case the license of the professional is put into jeopardy if the allegation of professional malpractice is proved at the relevant Council. Others may elect to bring an action for negligence against both the professional and the employ­er under a principle of law called “vicarious liability”. Either form is not good for any employer or healthcare professional.

Against this background, the CHAG and other health institu­tions in the country need to work towards minimising the rising incidence of medical malpractice.

In some cases, it is referred to as medical negligence or a mis­take among others. In any event, the injured patient must show that the physician acted negli­gently in rendering care and that such negligence resulted in injury. To do so, four legal elements must be proven: a professional duty owed to the patient; breach of such duty; injury caused by the breach; and resulting damages.

Health practitioners in the country must understand ex­pected professional standards in care delivery. They must also appreciate risks associated with non-compliance to standards or breaches in future practice and sustainability of the facility and above all prevent harm and death to patients which is one of the key ethos for CHAG member institutions.

The topics have been care­fully selected to cover the basic knowledge necessary to run a health facility, either as an owner or healthcare professional.

Medical interventions always involve emotions and high expec­tations of patients and relations. Therefore, where unexplained or unexpected harm or death occurs, it is necessary to manage the communication in a way that alleviates hurt and is assured. If managed effectively, it could prevent several actions against medical professionals and owners of health facilities.

Learning to communicate in these matters is as important as understanding the principles and remedies in managing medico-le­gal and professional negligence or misconduct.

Health facilities in Ghana need to up their game in growing and sustaining an enviable reputation and winning the trust of the people they serve.

One cannot do anything to repair or strengthen the hos­pital’s reputation if you only have a vague idea of what your stakeholders are saying about it. A good way to research to ensure a good image is to survey all those who interact with the hospital, including community members, vendors, physicians, and employees. This will give you a well-rounded picture of your facility’s image.

It’s also a good idea to go online and check out various healthcare provider review sites to see how people rate the doc­tors affiliated with your hospital. Additionally, you’ll find valuable information in employee posts on employer review sites like Glass door.

After you have researched your hospital’s reputation, you can begin to categorise what types of issues you are facing. Systemic problems, like unclear billing pol­icies, poor staff training, and so on, should take priority over one-off complaints about a particular physician, although you should certainly address these later on.

A positive customer experience has many repercussions beyond just making patients happy, in­cluding the following:

Health facilities need to have a better review. Structuring services with the patient’s needs in mind can help health facilities avoid garnering negative reviews and earn positive ones instead. This survey includes many patient-centred measures, such as the quality of communication between patients and providers, pain medication processes, the thoroughness of discharge in­formation, and improved patient health.

A patient-focused hospital experience also leads to greater patient cooperation and better hospital performance.

patient-centred systems of care not only lead to consistently im­proved performance in healthcare facilities but also promote better business outcomes and increase long-term earnings. This is be­cause these days patients especial­ly those in the urban centres have much more choices to make by way of where to seek treatment.

One reason for this better busi­ness outcome is that patient-cen­tred healthcare facilities actively engage all stakeholders, which causes them to be more efficient. These facilities reduce waste of materials and staff by encourag­ing streamlined processes, better patient education, and fewer diagnostic tests and referrals.

Another reason for the increase in hospitals’ bottom line is that patient-centred facilities tend to enjoy a larger market share. In fact, studies show that 40 percent of patients would switch hospitals to obtain the better value-per-cost and the high level of service that patient-centred hospitals provide. Therefore, fa­cilities that offer a patient-centred model have a competitive edge over those that rely on traditional methods of care.

The best way to reduce the im­pact of bad reviews is to quickly and thoughtfully respond to neg­ative comments. When replying, be sure to be courteous. Many people will judge you on how you respond to criticism, so it’s best to take the high road. Moreover, if the review is especially rude, readers will be able to see the obvious contrast between the two vastly different tones.

If the poor review lacks some important details that you can disclose without violating HIPAA regulations, you should briefly and nonjudgmentally provide them in your response. The missing information can clear up any misconceptions or, on occa­sion, negate the critic’s argument entirely.

The use of websites has be­come key in healthcare delivery Websites of hospitals should make it easy for potential patients to find a search tool that will let them know if the hospital takes their insurance. Patients should also be able to effortlessly access an up-to-date provider directory and a link to patient testimonials and reviews.

Social media is a key compo­nent of every hospital’s success­ful reputation management plan: not only does it provide you with a cheap and effective method for promoting your brand and telling your hospital’s “story,” but it also helps you stay in touch with patients and their families. How­ever, many hospitals underutilise social media, limiting themselves to a few generic tweets or posts.

To develop a more compre­hensive social media reputation campaign, you need to view your hospital as a unique and diverse community, with a vast array of specialised groups and initiatives, for which the outreach and en­gagement possibilities are nearly endless. For example, if a certain department is hosting a health fair or obtaining new technology, you can use these opportunities to connect with the community through Facebook, Twitter, and Instagram.

Effective communication is therefore key in minimising all forms of medical negligence. Health facilities therefore need to establish Public Relations depart­ments to help facilitate this.

BY NANA SIFA-TWUM (PHD)