What to do when a treatment goes wrong?

You’ve performed this treatment thousands of times without incident. You have seen it help patients time again. But this time, you see that this patient has an adverse reaction to the treatment or maybe you become careless and make a mistake. Do not panic. We are all human and mistakes happen. Here is what you should do when a treatment goes wrong: 1. Stop the treatment Do not continue treating the patient if a problem arises. You do not want to make a bad situation worse. Immediately stop treatment. 2. Inform the patient Tell the patient that they have had an adverse reaction to the treatment and then what steps they should or should not take. Read: Researchers say alternative to methadone shows promise for those addicted to opioids 3. Do not admit liability While you may feel responsible, something outside of your control may have occurred. Do not tell the patient you have done something wrong or apologize for doing something wrong. It is OK to express sympathy and under the right circumstances say “sorry that this happened” or “sorry the procedure/ treatment did not work,” but do not admit that you made a mistake. Doing so can harm your legal defense, and in some cases can void your professional liability insurance. 4. Record everything If there was ever a time to take meticulous notes, this is it. You want to describe in detail the treatment you gave, how long it took, the problem that arose, your observations, what the patient told you or said and what you told the patient. Often, it is not only the issue that arose during treatment but how the problem was handled that becomes an issue. Ensuring this is all well documented will assist in determining whether an appropriate approach was followed. 5. Review the standards of care If you are unsure what the standards of care are for the adverse outcome your patient is experiencing, review your professional conduct handbook or other standard of care manuals and resources. Refer to that review in your notes, including the specific provisions reviewed and the steps you took as a result. 6. Refer If the patient is experiencing adverse reactions that are at all serious, refer them to their family physician, a walk-in clinic or urgent care for further care. 7. Follow-up It is important to followup with the patient a day or two following the treatment to ensure they are following the post-treatment recommendations. This helps ensure you are being diligent and highlights the advice you have provided the patient to follow. Read: Limited evidence supports the role of cannabis in pain relief 8. Report it to your insurer If you have concerns that a complaint will be lodged with your regulatory body, a lawsuit may be filed or that you have done something wrong to cause damage to the patient, reporting ahead of time to your insurer is a good idea. This does not mean you are liable but provides your insurer notice that a claim may be made and take steps to protect you. When in doubt, check your reporting obligations in your insurance policy. Claire Immega and Harpreet Dosanjh are lawyers with Singleton Urquhart Reynolds Vogel.

What to do when a treatment goes wrong?

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