Creating Problems as Part of the 'Solution': The Jcaho Sentinel Event Policy, Legal Issues, and Patient Safety

Posted: 15 Oct 2000

See all articles by Bryan A. Liang

Bryan A. Liang

University of California San Diego School of Medicine

Kristopher Storti

Pepperdine University School of Law

Abstract

The recently reported number of patient deaths attributable to medical errors is staggering. In response to this crisis, the Joint Commission on Accreditation of Healthcare Organizations ("JCAHO") proposed its Sentinel Event Policy. The policy mandates self-reporting by hospitals accredited by the JCAHO. Unfortunately, as this Article demonstrates, the JCAHO's policy betrays an inattention to the legal realities of discovery and absence of immunity. Until the JCAHO addresses these issues, self-reporting will have limited success. This Article suggests that to promote patient safety, self-regulatory reports should go to a neutral, nonsanctioning third party, an approach adopted from aviation's highly successful reporting system.

Suggested Citation

Liang, Bryan A. and Storti, Kristopher, Creating Problems as Part of the 'Solution': The Jcaho Sentinel Event Policy, Legal Issues, and Patient Safety. Available at SSRN: https://ssrn.com/abstract=235878

Bryan A. Liang (Contact Author)

University of California San Diego School of Medicine ( email )

San Diego Center for Patient Safety
350 Cedar Street
San Diego, CA 92101
United States
619-515-1568 (Phone)
619-515-1599 (Fax)

Kristopher Storti

Pepperdine University School of Law

24255 Pacific Coast Highway
Malibu, CA 90263
United States

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