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88TH ANNUAL POSTGRADUATE CONVENTION | LLU HOMECOMING
ALUMNI ASSOCIATION, SCHOOL OF MEDICINE OF LOMA LINDA UNIVERSITY
After harm:truth-telling, apology,
repair, forgivenessin health care work
Nancy Berlinger
The Hastings Center
2020 Provonsha Lecture
Center for Christian Bioethics
Loma Linda University
March 6, 2020
88TH ANNUAL POSTGRADUATE CONVENTION | LLU HOMECOMING
ALUMNI ASSOCIATION, SCHOOL OF MEDICINE OF LOMA LINDA UNIVERSITY
Moral and ethical dimensions of care work
• How should we respond to one another after a person is harmed by someone whose goal was to heal?
• How should we care for people who are seriously ill or nearing the end of life?
• How should we manage moral problems produced by health care systems and policy?
2
ARE
WORKAROUNDS
ETHICAL?
Managing Moral
Problems in Health
Care Systems
N A NCY BERLINGER
88TH ANNUAL POSTGRADUATE CONVENTION | LLU HOMECOMING
ALUMNI ASSOCIATION, SCHOOL OF MEDICINE OF LOMA LINDA UNIVERSITY
Physicians’ emotions after harm(1)
Physicians “experienced powerful emotions following a
medical error [and] felt upset and guilty about harming
the patient . . . Physicians struggled to find support
following a medical error . . . For many physicians, the
most difficult challenge was forgiving themselves for
the error.”
Gallagher, T. H., A. D. Waterman, A. G. Ebers, V. J. Fraser, and W. Levinson. 2003. Patients' and physicians' attitudes regarding the disclosure of medical errors. JAMA289, no. 8:1001-1007.
88TH ANNUAL POSTGRADUATE CONVENTION | LLU HOMECOMING
ALUMNI ASSOCIATION, SCHOOL OF MEDICINE OF LOMA LINDA UNIVERSITY
Physicians’ emotions (2)
In the opinion of one physician interviewed:
“Forgiveness is something that I think is tougher for the physicians to give themselves than to get from the patient.”
Gallagher, Waterman, Ebers, Fraser, and Levinson. JAMA 2003.
88TH ANNUAL POSTGRADUATE CONVENTION | LLU HOMECOMING
ALUMNI ASSOCIATION, SCHOOL OF MEDICINE OF LOMA LINDA UNIVERSITY
Physicians’ emotions(3)
“The notion of a ‘blame-free culture’ of errors did not diminish these physicians’ anguish and sense of culpability for errors . . . Better institutional support for caregivers involved in errors would help them focus their attention on the affected patient.”
Gallagher, Waterman, Ebers, Fraser, and Levinson. JAMA 2003.
88TH ANNUAL POSTGRADUATE CONVENTION | LLU HOMECOMING
ALUMNI ASSOCIATION, SCHOOL OF MEDICINE OF LOMA LINDA UNIVERSITY
Ethical and practical challenges
“Deciding how to share the facts of the situation and avoid speculation while simultaneously managing feelings of guilt, the urge to assign blame, and the desire to protect oneself is hardly an easy task.”
Truog RD, DM Browning, JA Johnson, TH Gallagher, Talking with Patients and Families About Medical Error: A Guide for Education and Practice (Johns Hopkins University Press, 2011), 57.
88TH ANNUAL POSTGRADUATE CONVENTION | LLU HOMECOMING
ALUMNI ASSOCIATION, SCHOOL OF MEDICINE OF LOMA LINDA UNIVERSITY
Missing the mark
Jewish traditions and practices concerning
ethical responses to human error:
• chata'ah (“missing the mark”) = error
• kapparah (“atonement”) =
individual obligation following from error
88TH ANNUAL POSTGRADUATE CONVENTION | LLU HOMECOMING
ALUMNI ASSOCIATION, SCHOOL OF MEDICINE OF LOMA LINDA UNIVERSITY
Forgiveness as outcome
Error
↓
Confession (truth-telling, apology)
↓
Repentance/atonement (response to concrete needs of harmed party, e.g., compensation)
↓
Conditions for forgiveness by harmed party
88TH ANNUAL POSTGRADUATE CONVENTION | LLU HOMECOMING
ALUMNI ASSOCIATION, SCHOOL OF MEDICINE OF LOMA LINDA UNIVERSITY
Self-forgiveness
“One cannot forgive oneself for what one has done
if one is not prepared to take responsibility for it,
and the explanation of the failure to take
responsibility for some problematic part of one’s
past might be that one cannot or will not forgive
oneself for it.”
Blustein, Jeffrey, “On Taking Responsibility for One’s Past,” Journal of Applied
Philosophy, 17(2000): 1-19, at 17.
88TH ANNUAL POSTGRADUATE CONVENTION | LLU HOMECOMING
ALUMNI ASSOCIATION, SCHOOL OF MEDICINE OF LOMA LINDA UNIVERSITY
Wrestling with self-forgiveness
Self-reproach (and the need for self-forgiveness) makes
sense “for something over which one had some control.”
(Blustein)
• What happened to that patient was terrible.
• What happened to that patient was terrible, and
I had some control over what happened.
• How much control did I have?
88TH ANNUAL POSTGRADUATE CONVENTION | LLU HOMECOMING
ALUMNI ASSOCIATION, SCHOOL OF MEDICINE OF LOMA LINDA UNIVERSITY
88TH ANNUAL POSTGRADUATE CONVENTION | LLU HOMECOMING
ALUMNI ASSOCIATION, SCHOOL OF MEDICINE OF LOMA LINDA UNIVERSITY
Further readingBerlinger, N. “Resolving Harmful Medical Mistakes—Is There a Role for Forgiveness?” Virtual
Mentor 13, no. 9 (2011): 647-654.
Berlinger N, AW Wu. “Subtracting Insult from Injury: Addressing Cultural Expectations in the Disclosure of Medical Error” Journal of Medical Ethics 31 (2004), 106-108.
Blustein J. “On Taking Responsibility For One’s Past.” Journal of Applied Philosophy 17, no. 1 (2000): 1-19.
Cook RI. “How Complex Systems Fail,” (2000). Cognitive Technologies Laboratory, University of Chicago. Available at: www.ctlab.org/documents/
Gallagher TH., AD Waterman, AG Ebers, VJ Fraser, W Levinson. “Patients' and Physicians' Attitudes Regarding the Disclosure of Medical Errors.” Journal of the American Medical Association 289, no. 8 (2003): 1001-1007.
Smith AK, MK Buss, DF Giansiracusa, SD Block, “On Being Fired: Experiences of Patient-Initiated Termination of the Patient-Physician Relationship in Palliative Medicine,” Journal of Palliative Medicine 10, no. 4 (2007): 937-47.
Truog RD, DM Browning, JA Johnson, TH Gallagher, Talking with Patients and Families About Medical Error: A Guide for Education and Practice (Johns Hopkins University Press, 2011).
88TH ANNUAL POSTGRADUATE CONVENTION | LLU HOMECOMING
ALUMNI ASSOCIATION, SCHOOL OF MEDICINE OF LOMA LINDA UNIVERSITY
The Hastings Center
Visiting Scholar Program
http://www.thehastingscenter.org/who-we-are/service-to-bioethics/visiting-scholars/