The Wisdom of Neil Calman & Re-Thinking Medical Liability
By Josh Seidman | Popularity: 20%In the couple of years since I’ve gotten to know him, I’ve often found myself leaving a room with Neil Calman — saying to myself, “Wow! That really captures the issue in front of us.” Or, sometimes it’s “If only we could clone Neil — or simply replicate his leadership — we could eliminate most of our country’s health care problems.” Neil is a primary care physician who is CEO and Co-Founder of IxAction Alliance member, the Institute for Family Health, a network of 17 federally qualified health centers in New York.
In Friday’s post on this blog, I mentioned the questions he posed for meaningful health information exchange that move the ball forward substantially. In the past, I’ve cited other wisdom from Neil, such as:
- HIT vendors’ responsibility to teach people how to use HIT products meaningfully
- The connection in HIT evolution between quality and equality
- His proclamation that training his own clinicians on effective HIT use was about helping them to become (in his words) “information therapists”
- (And from the same blog post) HIT implementation with his safety-net population was approached with the goal of building trust with their patients
At last week’s HIT Policy Committee meeting, Neil made another comment that triggered a light bulb flickering on over my head. As concerns over the implications of HIT meaningful use definitions on provider liability swirled, Neil raised a fascinating point. We are getting close to an understanding around a new “standard of care in the community” related to the meaningful use of electronic health records (EHRs). Neil suggested that soon “if an error in care that could have been prevented” by a meaningfully used EHR, there is in effect a new standard of care to which all providers will be held accountable.
The literature has demonstrated that little relationship exists between actual malpractice and legal action. This is true in both directions. Many horrible and preventable medical errors never are punished while many lawsuits are settled where negligence may not be the issue.
What the literature tells us is that most medical malpractice lawsuits arise because of poor advance communication resulting in a mismatch between patient and clinician expectations. Effective information therapy (Ix) that leads to informed choice in advance of medical and surgical procedures can dramatically reduce the likelihood of malpractice suits being filed.
More importantly, by meaningfully using HIT to deliver Ix, clinicians can dramatically reduce the likelihood of committing medical errors or having consumers unprepared for the clinical realities that confront them. And that’s a standard of care for our community.

RSS feed
September 3rd, 2009 at 6:18 pm
Ix has great potential when used appropriately in EMR’s, EHR’s and at the point of care. However I really believe this is just the tip of the iceberg. It is exciting to think about the possibilities of delivering Ix to nontraditional populations by nontraditional means. In a few weeks we will be releasing a new report we are doing for the Agency for Healthcare Research and Quality regarding the emerging field of Consumer Health Informatics (CHI). CHI differs from other more traditional medical informatics in that they are primarily designed for patients and don’t require the involvement of providers (although providers may certainly be involved if they choose or the patients wish It’s about supporting patients decisions, behaviors and lifestyles. If we think about all places people now use electronic technologies (iPod, cell Phone, 2nd life, TV, Car…) the possibilities are endless and the potential to support patients and reduce disparities are truly exciting. Check out “The healthcare Disparities Solutions Blog” (http://tiny.cc/DUot5) to discuss these and other exciting possibilities.
September 4th, 2009 at 2:01 pm
Chris,
Thanks very much for your comment. I totally agree that we need to think creatively about all the vehicles through which we can deliver Ix, and that we should be skating to where the puck will be.
Please be sure to let me know when your AHRQ CHI report comes out.
Josh
September 23rd, 2009 at 10:15 am
[…] well worthwhile for many reasons, certainly not the least of which being the chance to soak up more wisdom from Neil Calman, MD, CEO of IxAction Alliance member, the Institute for Family Health […]