| Editor's Note: Read the
entire Dead by Mistake special report, with additional stories, photos,
videos, maps and database of hospital errors, at
http://www.deadbymistake.com.
Richard Flagg drowned in his own blood.
Stanley Stinnett choked on his own vomit.
Both were victims of the leading cause of accidental death in America --
mistakes made in medical care.
Experts estimate that a staggering 98,000 people die from preventable
medical errors each year. More Americans die each month of preventable
medical injuries than died in the terrorist attacks of Sept. 11, 2001.
In addition, a federal Centers for Disease Control and Prevention study
concluded that 99,000 patients a year succumb to hospital-acquired
infections. Almost all of those deaths, experts say, also are preventable.
These numbers are not absolutes. There is no definitive study -- which is
part of the problem -- but all available research indicates that the death
toll from preventable medical injuries approaches 200,000 per year in the
United States.
Ten years ago, a highly publicized federal report called the death toll
shocking and challenged the medical community to cut it in half -- within
five years.
Instead, federal analysts believe the rate of medical error is actually
increasing.
A national investigation by Hearst Newspapers found that the medical
community, the federal government and most states have overwhelmingly failed
to take the effective steps outlined in the report a decade ago.
Consequently, over that period, as many as 2 million Americans have died
needlessly of preventable medical mistakes.
Secrecy built into the system has kept both the scope of the crisis and
problem hospitals out of public view.
A Hearst data analysis lifted a corner of that veil of secrecy to show
that in five states served by Hearst newspapers -- New York, California,
Texas, Washington and Connecticut -- only 20 percent of 1,434 hospitals
surveyed participate in two national safety campaigns.
Also, a detailed safety analysis prepared for Hearst Newspapers examined
discharge records from 1,832 medical facilities in four of those states. It
found that 16 percent of hospitals had at least one death from common
procedures gone awry -- and some had dozens.
Now, as the Obama administration wrangles with Congress over health care
access, frustrated patient-safety leaders say another priority must finally
be addressed -- making hospitals safer.
Back in November 1999, the report titled "To Err Is Human" was issued
with the highest of hopes. Its authors believed it promised the start of a
revolution in patient safety.
The report sparked awareness of the problem's scale. But some of its
authors say the revolution was doomed by a lack of political leadership and
the health care lobby's vested interest in maintaining business as usual,
especially secrecy surrounding dangerous medical errors.
"We didn't have any government efforts. We didn't show leadership and
take charge and do what needed to be done," said Dr. Lucian Leape, one of
the authors of "To Err is Human," and who is considered the father of the
modern patient safety movement.
The report marked the first time that an authoritative voice -- backed by
the national Institute of Medicine -- urged the industry and critics alike
to stop blaming doctors and nurses. People make mistakes, the report said,
so medicine must design systems that reduce errors and prevent harm from
reaching the patient when a mistake is made.
Like a car ignition that won't release the keys until a driver shifts
into park, the safe systems envisioned by the authors make it easy for
health care workers to do the right thing.
No nationwide system
"To Err is Human" called for a mandatory nationwide reporting system for
medical errors. That never happened.
"The (American Medical Association) came out foaming at the mouth," said
Arthur Levin, president of the Center for Medical Consumers and an author of
"To Err is Human." "And I think the decision was made to let it fall off the
table because the wisdom was that you needed the cooperation of the
profession to make progress. I think the tacit compromise was, 'We'll let
that go.'"
The AMA and the American Hospital Association vehemently opposed an
attempt by President Bill Clinton to create a mandatory reporting system for
serious errors. The leaders of both groups snubbed an invite to a White
House news conference introducing the president's patient safety agenda in
2000.
Mandatory reporting was dead on arrival.
By contrast, Americans know exactly how many people die from car
accidents each year because lawmakers decided long ago that was a step
toward preventing them. Motor vehicle deaths are the No. 1 cause of
accidental death in the United States, with more than 43,600 deaths in 2006,
according to the CDC. The next three causes -- poisoning, firearms and falls
-- account for 90,000 deaths, combined.
But it is clear that if medical errors and infections were better
tracked, they would easily top the list. A visit to your doctor or a
hospital is twice as likely to result in your death as does a drive on
America's highways.
A sorry scorecard
It's revealing to review other key recommendations from "To Err is Human"
in the context of what has been done in the 10 years since they were made.
The report:
Encouraged states to require medical error reporting. Only 20 states plus
the District of Columbia have done so, and evidence shows that even in those
mandatory-reporting states, hospitals report only a tiny percentage of their
mistakes.
Said the public "has the right to be informed about unsafe conditions."
But 45 states plus the District of Columbia don't provide hospital-specific
information.
Recommended the creation of a national patient safety center. The center
is underfunded and has fallen far short of expectations.
Urged hospitals to improve safety within their walls. Hundreds of
hospitals responded, several comprehensively pursuing safer care. Thousands
did much less.
Advocated a voluntary system for hospitals to report and learn from
errors. Five years later, Congress approved legislation for "patient safety
organizations" to serve this role, then took four more years to create rules
to govern them. But the new organizations are devoid of meaningful oversight
and further exclude the public.
Progress, but not enough
Positive developments are overshadowed by the continuing death toll.
Hearst Newspapers interviewed 20 of the 21 living authors of "To Err is
Human," and 16 believe the U.S. hasn't come close to reducing medical errors
by half. Four did not know or declined to answer because they are removed
from the world of patient safety.
In its 2008 annual report to Congress, the Agency for Healthcare Research
and Quality, a part of the Department of Health and Human Services, reported
that preventable medical injuries are growing each year by 1 percent.
AHRQ's analysis showed that more people suffered accidental tears to
their organs during surgery, more patients developed avoidable bloodstream
infections from catheters, and one out of seven hospitalized Medicare
patients experienced at least one adverse event during a hospital stay.
"Unfortunately, there hasn't been a significant improvement in the level
of medical errors, and what is getting worse is hospital-based infections
that are preventable," said Kathleen Sebelius, secretary of the Department
of Health and Human Services, which oversees AHRQ, Medicare and the Food and
Drug Administration.
Leape is frustrated by how few hospitals adopted 34 safe practices
endorsed by the National Quality Forum, a coalition of medical groups. At a
May conference of hospital leaders, Leape asked attendees to raise their
hands if they had plans to implement all 34 practices. Three hands went up
in a crowd of 175.
Poor safety performance
The safety analysis conducted on behalf of Hearst Newspapers by Niagara
Health Quality Coalition, an independent nonprofit in Buffalo used discharge
data from 1,832 medical facilities in New York, Washington, California and
Texas. It found that nearly one in six of those facilities had preventable
deaths from common procedures, including cases in which medical instruments
were left inside patients and transfusions were done incorrectly.
It also found 399 of those hospitals had poor performance in at least
one, and in some cases several, safety indicators developed by federal
health researchers.
Deaths from medical injuries happen behind the doors of a hospital room.
Unlike a widely publicized national tragedy that takes hundreds of lives in
an instant, these deaths are singular and often secret.
Doctors fudge death certificates, leaving out information that would
point to medical error as a cause of death, according to court records and
other documents examined by Hearst reporters and graduate students at the
Toni Stabile Center for Investigative Journalism at Columbia University's
Graduate School of Journalism.
Norine Zazzara, 81, died of pneumonia at St. Joseph's Hospital in
Syracuse, according to her initial death certificate. Hospital records show
she went in for a shot to treat leg swelling. She contracted a MRSA
infection, or methicillin-resistant Staphylococcus aureus, and developed
pneumonia. After weeks on a ventilator, she died.
Her daughter, Betsy Zazzara, persuaded her doctor to change the death
certificate to reflect the infection. She said the doctor asked whether it
mattered what the death certificate said. "Yes," she replied. "One of these
days they may start counting these people who have died of MRSA, and I want
my mother to be counted."
The CDC -- which is supposed to track the nation's deaths and diseases --
is aware of the inaccuracies in death certificates.
Medical error is "often not reported," said Robert N. Anderson, chief of
the CDC's Mortality Statistics Branch.
He said doctors aren't given enough motivation to report errors, and,
because of liability, "it would cause them problems down the road, so that
there is a disincentive to report it."
The 22 authors of "To Err is Human" debated public disclosure and fears
that it would create more lawsuits and drive errors underground.
The authors, in the end, decided patients deserved the information.
"These are the kind of things the American public has the right to know
about and that patients should know about when they are selecting a
particular hospital or surgeon," said Janet Corrigan, who was the lead staff
writer of "To Err is Human" and is now president of the National Quality
Forum.
The Obama administration does not support a nationwide, mandatory
reporting system.
"The best thing to do is to create the incentives and the knowledge
around best practices to prevent the errors from ever occurring," Nancy-Ann
DeParle told Hearst Television. DeParle is Obama's health adviser and
director of the White House Office of Health Reform.
"If we prevent the errors from occurring, then we don't have to worry
about … a massive reporting system," she said.
States' spotty records
Yet without a nationwide reporting system for medical accidents, states
are left to collect the information themselves. The result is a chaotic,
dysfunctional patchwork.
Hearst research shows that 20 states and the District of Columbia have
mandatory reporting systems and five states are just setting up such
systems. But only five of the 20 -- Washington, Massachusetts, Minnesota,
Colorado and Indiana -- are transparent enough to be useful to consumers by
revealing hospital names. Five states have, or are setting up, voluntary
reporting.
Meanwhile, 20 states have no reporting whatsoever.
In states that do report, standards vary wildly and enforcement is often
nonexistent.
New York's reporting system has run out of money and staff. The last
public report it produced is four years old.
The law mandating reporting in Texas expired in 2007, and funding ran
out. A new reporting law has been passed, but no funds have been allocated.
Washington State requires reporting but doesn't enforce that requirement
-- and the Legislature didn't provide funds to analyze the results.
The inspector general of the Department of Health and Human Services
sounded an alarm in December about the lack of uniformity in state systems.
Differences in regulation and standards make state data "unsuitable … to
identify national incidence and trends," the report said.
Little help for patients
So how do patients know which hospital is doing a good job? They don't.
AHRQ created software that mines hospital billing and discharge data
volunteered by 40 states for adverse events. But AHRQ releases only
aggregate information and promises states it will keep hospital-specific
information secret.
The Centers for Medicare and Medicaid Services, a division of HHS,
collects and publishes hospital-specific information on "processes of care."
A care process involves actions like giving patients antibiotics before
surgery -- practices that may influence infection but do not reveal a
hospital's true infection rate.
"Too often in health care we measure effort, and we need to concentrate
on results," said Bruce Boissonnault, president of Niagara Health Quality
Coalition.
The Centers for Medicare and Medicaid Services' "Hospital Compare" Web
site is silent on adverse events such as wrong-site surgeries and unexpected
deaths during low-risk procedures -- all of which are within Medicare's
ability to track.
Private groups fill gaps
The Institute of Healthcare Improvement recruited 2,000 hospitals to join
its "5 Million Lives Campaign," which meant implementing 12 of the 34 safe
practices. The institute publishes the names of participating hospitals.
The Leapfrog Group -- a nonprofit created by a "To Err is Human" author,
Charles Buck, and other business executives -- attempts to measure hospital
safety efforts. Many hospitals refuse to participate.
Boissonnault's Niagara Health Quality Coalition proves that
hospital-specific safety measures can be published. Niagara posts mortality
rates for 15 medical procedures and 14 safety measures for New York
hospitals.
To get the information, Niagara analyzes hospital billing and discharge
information -- the same data AHRQ collects but keeps secret.
More secrecy ahead
Under federal regulations issued on the last day of the Bush
administration, medical practitioners can be fined $10,000 for publicly
revealing information about their errors.
Candid information about dangerous events in hospitals will be funneled
into top-secret "black boxes" -- dozens of privately run patient safety
organizations around the country that will presumably analyze the
information to improve medical operations, with little or no oversight.
The HHS stated that there will be "little direct federal involvement" in
the patient safety organizations and no funding.
The organizations, which now number 65, are expected to reduce adverse
events by 1 percent this year, rising to 3 percent by 2013, according to the
Federal Register.
Ironically, the only enforcement provisions with teeth involve wrongful
release of information about patient safety cases, which the HHS Office for
Civil Rights will investigate.
"What's the public benefit? Supposedly, we are counting on the goodwill
of hospitals," said Levin, the Center for Medical Consumers' president. "I'm
not a believer. Show me the beef."
If patient safety improves, it will happen too late for too many,
including Richard Flagg and Stanley Stinnett.
Surgeons at Meadowlands Hospital in Secaucus, N.J., accidentally removed
Flagg's healthy lung, leaving behind a tumor in the 60-year-old's diseased
lung, according to the state Board of Medical Examiners. The tumor bled and
made him cough. Flagg survived three years, attached to oxygen, until the
tumor ruptured and he drowned in his blood.
Stinnett, 49, entered the emergency room at Memorial Medical Center in
Modesto, Calif., with broken ribs and left in a body bag.
A series of errors killed him -- starting with improper treatment of an
intestinal obstruction, according to testimony from his family's medical
experts. The drug oxycodone suppressed his gag reflex and his own vomit shut
off his airway, one expert concluded. The doctor denied responsibility, but
the jury awarded the family $8.5 million. The doctor is appealing.
Stinnett was, like many Americans, at one of his life's most vulnerable
moments when he entered the hospital, and he didn't have much choice about
his care. Even when people have choices, they usually have no information
about a hospital's safety record.
"They did nothing for him but fill him with medication to let him die
peacefully," said his widow, Holly Stinnett. "There was nothing wrong with
him to begin with but four fractured ribs."
Will reform happen?
"There's a point at which you have to say, 'Is it ethical to allow
preventable harm to continue to occur when you know how to prevent it?'"
Levin said. "When do you say enough is enough?"
Contributing to this story were Olivia Victoria Andrzejczak, Kyla
Calvert, Ana Azpurua, Andrew Schmid and Emily Witt of the Toni Stabile
Center for Investigative Journalism at Columbia University; John Martin,
adjunct professor, Columbia University Graduate School of Journalism; Sarah
Hinman, director of news research, Albany Times Union; Laurie Kinney,
reporter, Hearst Television; Terri Langford, enterprise reporter, Houston
Chronicle; Lance Williams, investigations editor and reporter, San Francisco
Chronicle; and Don Finley, medical writer, and Kelly Guckian, database
editor, San Antonio Express-News. |