Promoting Patient Safety: Creating a Workable Reporting System

Abstract

Over the last year, medical error has become a prominent issue. As policymakers and health professionals begin to address the issue, they are turning towards reporting systems as a way of determining the magnitude and nature of the problem. This Note provides a framework for creating and evaluating useful reporting systems. Reporting systems are important tools for describing the kinds of situations that result in medical error, but high-quality reporting requires two changes: removing legal and practical disincentives to reporting and fostering reporters' dedication to reporting. This Note concentrates on the legal issues and ultimately proposes a brightline rule protecting confidentiality of incident reports made for the purposes of quality management.