Where We Stand
Section: Adverse Events
Policy: Adverse Events

Adverse Events

FORGIVING BILLS AND EXPRESSING SYMPATHY OR BEREAVEMENT
The Oregon Medical Association (OMA) has long counseled its members that forgiving a bill following an unexpected bad outcome is not an admission of liability and is entirely appropriate under the circumstances. This advice is based on the experiences of the OMA/CNA Physicians’ Protection Program over the last thirty-seven years where time and again, patients who received a bill following an adverse event said this action was what drove them to a lawyer. In 2005, the Oregon Legislature passed an OMA-created bill to enable physicians to express sympathy or bereavement following an unexpected bad outcome. Together, these two efforts place the needs of patients first at a key time in the course of medical care. .

OREGON ASSOCIATION OF HOSPITALS AND HEALTH SYSTEMS (OAHHS) GUIDELINES FOR NON-PAYMENT FOR SERIOUS ADVERSE EVENTS
For the reasons above, the OMA endorses the approach recently taken by OAHHS in adopting its Guidelines for Non-payment for Serious Adverse Events. OMA welcomes these guidelines since patients often receive care from members while they are hospitalized, and coordinating policies on non-payment reinforces a message both organizations strongly support.

ONLY RESPONSIBLE PARTY SHOULD WAIVE CHARGES
In a situation where care is jointly delivered, OMA believes that only the individual or entity determined to be responsible for the event should waive their charges and forego additional charges directly resulting from the occurrence.

PROCESS FOR MEDIATING DIFFERENCES
To that end, OMA and OAHHS, together with organizations that insure physicians and hospitals, have established a voluntary mediation process through OMA’s Professional Consultation Committee to address differences that arise concerning roles and responsibilities in these situations. It is the goal of our respective organizations to encourage access to this process when and where needed. We believe all of these steps are an affirmation of the importance that OMA and OAHHS place on our members’ relationships with patients and their families.

Adopted at the annual House of Delegates, 2008.

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