From my vantage point, it is not useful to speculate about where malpractice ends and criminal liability begins. But what I do know as an intensive care unit doctor is this: The pandemic has brought the health care system to the brink, and the Vaught case is not unimaginable, especially with current staffing shortages. That is, perhaps, the most troubling fact of all.
It has been more than 20 years since the Institute of Medicine released a groundbreaking report on preventable medical errors, arguing that errors are due not solely to individual health care providers but also to systems that need to be made safer. The authors called for a 50 percent reduction in errors over five years. Even so, there is still no mandatory, nationwide system for reporting adverse events from medical errors.
When patient safety experts talk about medical errors in the abstract, in lecture halls and classrooms, they talk about a culture of patient safety, which means an openness to discussing mistakes and safety concerns without shifting to individual blame. In reality, however, conversations around errors often have a different tone. Early in my intern year, a senior cardiologist gathered our team one morning, after one of my fellow interns failed to start antibiotics on a septic patient overnight. The intern had been busy with a sick new admission and had missed subtle changes in the now septic patient, who had spiraled into shock by the morning.
“You must never stop being terrified,” the attending doctor told us. Even after decades of practice, she remained in a constant state of high alert. When you allow yourself to neglect your usual compulsiveness, she said, that’s when mistakes happen. Not because of imperfect systems, overwork and divided attention but because an intern was not appropriately terrified.
I carried her words with me for years. I have repeated them to my own residents. And there is a truth here: The cost of distraction on our job can be life or death, and we cannot forget that. But I realize now that no one should have to maintain constant terror. Mistakes happen, even to the most vigilant, particularly when we are juggling multiple high-stress tasks. And that is why we need robust systems, to make sure that the inevitable human errors and missteps are caught before they result in patient harm.