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[...]... at the time ofthe event Although today the use of a tourniquet is rejected in first-responder aid for a snakebite, in years past it was the acceptable standard of care A lawsuit brought in 2003 for alleged negligent use of a tourniquet in 1999 would involve the application ofthe clinical standards in existence at the time ofthe snakebite These points are of particularly significant in the arena of patient. .. the process of developing a coherent, neutral taxonomy of terms 4 The Handbookof Patient SafetyCompliance • The inclusion of data weighting and stratification to ensure accurate use ofthe information and apple-to-apple comparisons • Restrictions on using data gathered in the reporting process as evidence in certain circumstances, including litigation • The education ofthe public and the media on... evidentiary protection is another area of serious consideration Clearly, patientsafety is an evolving concept in contemporary health care The terms that define patientsafety continue to undergo change Care providers, lawyers, and public policy professionals grapple with what can be done to bridge the chasm between the goal ofpatientsafety on the one hand and on the other the legal and regulatory environment... the chair ofthe Professional Technical Advisory Committee for Hospitals ofthe Joint Commission on Accreditation of Healthcare Organizations xv xvi The Editors James R Woods Jr is the Henry A Thiede Professor and chair ofthe Department of Obstetrics and Gynecology at the University of Rochester School of Medicine, Rochester, New York He completed medical school at the Bowman Gray School of Medicine,... pathway for patient care 10 The Handbookof Patient SafetyCompliance into a standard of care The health care field shares this legal construct with many other professional groups Plumbers, electricians, and professional engineers, for example, also are expected to conduct themselves in accordance with recognized standards of care Some of these standards emanate from legislation or regulations Others are... chapters and articles on these topics She received her JD degree from Widener University School of Law and completed undergraduate studies at Temple University THE HANDBOOKOF PATIENT SAFETYCOMPLIANCE Y CHAPTER ONE PATIENTSAFETY Crossing the Chasm from Legal and Regulatory Compliance Fay A Rozovsky he concept ofpatientsafety caught mainstream attention with the publication of To Err Is Human: Building... confidentiality of adverse-event information Although 6 The Handbookof Patient SafetyCompliance some states provide strong legal protections, others do not do so Further, the application of state-based confidentiality laws varies within each jurisdiction for hospitals, for long-term care facilities, and for other types of health care organizations The absence of confidentiality protection at the federal... for our understanding of why systems fail and how 8 The Handbookof Patient SafetyCompliance improvements can be made to promote safetyThe other is that these data can be used not to punish but to foster individual accountability for patientsafety Data also can lead to the suspension or revocation of physicians’ privileges When this happens, health care organizations reinforce the fear that adverse-event... organizations to develop and implement patientsafety programs successfully Some ofthe most eminent patientsafety specialists in the world are contributors to this volume They have provided enormous depth and diversity of expertise to the wider health care community and to the development of innovative patientsafety concepts This book also recognizes the impact of legislative and regulatory initiatives... have helped to shape contemporary patientsafety efforts in the United States xiv Foreword Equally apparent in some ofthe chapters is the need for legislative change, especially with regard to the use ofpatientsafety and quality data in litigation involving health care professionals Going forward, the goal is to create a culture ofsafety across the continuum of care, supported by continuous improvement . 1:42 PM Page ii THE HANDBOOK OF PATIENT SAFETY COMPLIANCE rozo_14409_ffirs.qxd 2/4/05 1:42 PM Page iii rozo_14409_ffirs.qxd 2/4/05 1:42 PM Page iv THE HANDBOOK OF PATIENT SAFETY COMPLIANCE A. Concepts of Standards of Care and Patient Safety 2 Patient Safety Laws and Regulations 16 Ronni P. Solomon Mandatory Reporting Systems • Anatomy of a Patient Safety Law: Compliance Tips • Federal Patient. 107 or 108 of the 1976 United States Copyright Act, without either the prior writ- ten permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright