David Rose
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All hospitals should be fined if patients contract superbug infections or are harmed by medical errors while in their care, the Government’s Chief Medical Officer said yesterday.
Setting out a radical plan to tackle the NHS’s record on patient safety, Sir Liam Donaldson said that the taxpayer should not foot the bill for treating patients who had suffered bad or unsafe care.
Instead, NHS hospitals and clinics involved in botched surgery, prescribing errors or superbug infections such as MRSA or Clostridium difficile should be penalised for the extra treatment required. The proposals – which are to be put before Lord Darzi of Denham, Health Minister, in his ongoing NHS review – are designed to reduce the rate of error and death. More than 733,000 “patient safety incidents” occurred last year, causing the deaths of more than 3,000 patients.
Sir Ian Carruthers, who stepped down as chief executive of the NHS last year, agreed that urgent action was needed to end a culture of sweeping safety issues under the carpet. He added that only a “miniscule” amount of energy in the NHS was currently focused on the issue.
Safety errors currently cost the NHS an estimated £3.4 billion in extra treatment and compensation. The recommendations follow a damning report by MPs which branded the National Patient Safety Agency (NPSA), the watchdog charged with monitoring and improving the safety of care, as “dysfunctional”. Sir Liam said that there were now signs of progress in the monitoring of incidents – with more logged by the NPSA that in other countries – but avoidable and often “incredulous” mistakes were still being made in a range of areas, from radiotherapy to patient falls.
“Why should the health service, funded by the taxpayer, pay for the care of a patient that’s had bad or unsafe care?,” Sir Liam said. “In any other walk of life if you receive very bad service then you don’t pay for it, you get a refund, and I don’t think it should be any different in the health service.
“If someone develops MRSA and has to stay in hospital longer to be treated, why should it be funded?”
Under the plans, hospitals responsible for harming patients will have a portion of their budget withheld to cover the cost of treatment to remedy the mistake. Hospitals would likely face set tariffs for different types of blunder or infection.
Sir Liam said that while withholding money was a controversial strategy, it was the a very powerful “lever for change”.
“You can’t have enough incentives to improve patient care and primary care trusts hold most of the budget for the NHS. They fund hospital care and as such are a great lever for change.”
Of the 733,070 safety incidents in the year to this June, more than half a million occurred in hospitals. The errors resulted in 3,006 deaths, caused “severe harm” to 6,144 patients, and “moderate harm” in 42,047 cases.
MRSA, or methicillin-resistant Staphylococcus aureus, infected a further 6,381 patients last year while the more virulent C. Difficile caused 55,000 infections.
Sir Liam’s comments came as the Government published its Operating Framework for the NHS, which makes tackling hospital infections and hitting waiting targets key priorities for the coming year.
The framework suggests penalising hospitals for failing to meet two high-profile targets in 2008 – halving MRSA rates by April and ensuring patients are treated within 18 weeks.
However the NHS is expected to miss the three-year MRSA target by a long way.
Sir Ian Carruthers, who is now head of NHS South West, said that urgent action was a must and financial penalties were a welcome driver for change.
“Our culture is to pretend things don’t happen or to recognise they do but try to deal with them outside any processes. If we continue to do that, we won’t make the impact in making the changes we require.
“Even with best practice and best evidence, somebody argues against it.”
In the United States, some states require hospitals by law to report so-called “never events” – a list of medical errors that are considered so preventable and so serious that they should never happen. One hospital in Rhode Island, was recently fined $50,000 (£24,563) for performing “wrong site” surgery on a patient for the third time this year.
Sir Liam said similar fines should be brought in to the NHS to act as a “hard-nosed financial incentive” for hospitals to provide better care.
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Leaving hopsitals to keep harming patients without facing consequences is definitely more stupid than fining them. Money motivates more than ethics.
Paul, London, UK
There are a multitude of factors that contribute to hospital aquired infection. Whilst 'hand hygeine' is undoubtedly important, overcrowding and the frequent movement of patients around hospital wards are significant risk factors for increased rates of MRSA and c-difficile infection.
This perverse plan by the CMO will only punish those he is seeking to protect - patients. To punitively fine hospitals, already overcrowded will only make matters worse. Further financial pressure on these hospitals will lead to bed closures, staff cuts and further increases in hospital aquired infection.
Sir Liam has missed the point - hospitals are funded by the tax-payer and whether that money is used to improve patient care and safety or pay a punitive fine to the government, the public will ultimately pay. I would prefer that my taxes were spent on patient care than on penalties to the government.
James Roddins, London,
Yes the rate of Hospital acquired infections can be reduced by improved hygene. But the it must be understood that this is only part of the equation. Most of these infections are actually brought into the hospital by the patients themselves and being in a state of ill health are more vulnerable to them. It is also pointless re-enforcing hygene amongst the staff when patients' friends and relatives are not following the same practise..... I can't see the government fining a patient's children for not washing their hands on entering the ward! Finally it is as a result of these fines and chronic staff shortages that standards are starting the fall. The money to pay the fines comes from the same pot as that funding patient care. Surely the emphasise should be put on patient care by enhancing staffing levels, funding new medications etc and less on trying to avoid government fines.
Chris, Leicester,
Did Sir Liam really make reference to " 'incredulous' mistakes," as stated in the article? I should have thought that someone of his status and in his position would have been better educated. He may have been incredulous but the mistakes themselves were surely "incredible."
Ger, Glossop, Derbyshire
I don's want to knock the excellent care given by nurses and doctors but two things I recall during my 5 day stay in a Surrey hospital are this (1) the Filipino lady who was serving breakfast who picked her feet before carrying on serving breakfast without washing her hands ("No none for me thanks") and (2) The fact that the ward I was in was for people with breathing problems and yet they had run out of oxygen and there was'tn even one nurse in the whole wing for a period on a sunday night. Other than that it was fine.
John, Surrey, UK
Your average bank cashier (and other bank employees) face either 5 or 14 years compulsory imprisonment for certain errors (or deliberate actions). No possibility of lesser sentance in such cases. Make hospital employees equally liable.
D Brown, Aude, France
Lack of hand hygiene is the single most important factor for MRSA and other hospital infections, according to the WHO. Hand hygiene standards compliance is below 40%. Enforcement and compliance are *completely*controllable* and any hospital failing to enforce these standards should suffer meaningful consequences, fiscal or otherwise, and perfect compliance should be richly rewarded. Only then will the infections rate decline. Draconian? I'm afraid it's quite literally a matter of life and death.
steve, essex,
I certainly don't agree with the ludicrous suggestion of fining hospitals. It would just encourage devious ways to cover things up along with other practices that could worsen the situation for patients.
It's about time that medics started looking at the reason why hospital-acquired infections happen. I understood that at the root of it is the over-prescription of antibiotics, creating greater resistance to them. If this is the case, then it's about time they seriously considered other, more natural means of treating illnesses and infections. They exist, they haven't been scientifically tested of course, but they work. Who's going to test a product that they can't make money from? Certainly not the drugs companies.
Lesley, dartford, uk
Fining hospitals must be the stupidest idea yet. You cannot fine hospitals without reducing patient care. Much better to fine the person responsible. Who is that? I think it is the Minister of Health.
Charles Bockett-Pugh, Sandhurst,
Doesn't he existence of free healthcare in the Western World represent a huge embarrassment to the USA.
It suits America to ruin it in Britain to remove that embarrassment.
Since we are just an American appendage our politicians of whatever shade just obey whatever American nods and winks.
It is the open border multi culture that is draining the NHS.
Technically speaking all the 30 million HIV sufferers of the sub Sahara have a legitimate right to our healthcare simply on grounds of asylum and persecution. All they need do is get here.
The more third world Britain becomes the more unsustainable a health service will be.
Keith Bentham, Wigan, Lancs
Once again, what is the point of fining a public body thats funded by tax payers for criminal negligence against the public. In any case of corporate incompetence that results is injury, suffering or death to a member of the public there should be a simple two fold approach taken. Firstly the victim/s and/or their families should be paid appropriate compensation commensurate with the damage done to them and their families. Secondly and just as importantly, those responsible for allowing a problem like MRSA or Superbugs to flourish should be held accountable. A personal fine may be a suitable deterrent for criminal incompetence but a prison sentence would focus the mind much more for some of these NHS top execs. Only personal accountability will make public bodies such as the NHS, the Police or Local Councils and even private companies like British Airways clean up their act, not take risks or break the law.
Mike, Alicante, Spain
"minuscule", surely.
Heather Isaksen, Oxford,
I don't quite see why those in charge shouldn't face charges of GBH or murder in cases such as MRSA. Or is it that there is no-one accountable?
Roger Pearse, Ipswich,
I agree in principle, but this will mean that I (and other tax payers) end up paying for someone mistakes. So there has to be another solution. Pay a good salary to the old-fashioned matron types and give them the same authority they had 40 years ago. Insist on cleanliness as the first priority and get rid of those for good who do not perform.
Alan, Midlands,
Everyone seems to expect doctors to be superhuman, but just like everyone else if they do their job day in and day out they will always make a small proportion of mistakes. They can't be blamed for this! - we'd have no doctors left. If negligence cannot be proved, a doctor should have no liabilityif he makes honest mistakes. This should be made clear to patients; it's part of the risk they take on when going in to hospital.
Harriet, Ipswich, UK
As other commentators have noted, it will ultimately be the taxpayer who foots the bill, and of course, removing funding will hit patients as well. Obviously joined up thinking was not part of Donaldson's remit, and Carruthers demonstrated by his facile and unhelpful remarks, that he wasn't capable of providing a solution either. The only remedy is to fine perpetrators, all the way up to CEO. Insurance against the risk of such action should be mandatory for all managers, just as it is for medical and dental personnel. The insurers, by operating a penalty system for claims, could help to focus attention on carrying out procedures properly. On no account dismiss them - experience shows that such people almost invariably go on to find even more lucrative positions within the NHS in a dfferent Trust.
Bill Q, Derby,
another of labours poorly thought out plans for NHS
ravi, potters bar,
Agree with William of London. I've never understood the reasoning behind the fining of public bodies such as hospitals and the police. This simply means that they have a smaller budget to do what they are supposed to be doing. Surely the answer is to discipline or sack the persons responsible?
Asmodeus, London,
Charging hospitals for making patients sick ironically is the only solution to the problem of hospital aquired infection, and the imputus for the authority to sack those that do not follow procedure.
Its time to get tough, the death of three thousand demand no less
wayne, huntingdon, cambridgeshire
The NHS has only one source of income, the tax payer and ultimately therefore the tax payer foots the bill for all care provided by the NHS - good, bad or indifferent - to pretend that the tax payer will not fund bad care is disingenuous. And to withhold funds from a trust will simply delay care for those whom its supposed to serve. We need some people in charge who can think clearly.
william, London,
Encouraging a culture of blame and punishment will promote a massive increase in the practice of defensive medicine resulting in much higher costs for no increase in productivity.
Rewards and incentives for improvements in performance are much more likely to produce the desired results. This is not to reward bad performers for improving; it is possible to index performance and link incentives to that index.
Phil Constable, Jakarta,
What a stupid, retrograde and unjust suggestion!
Inanimate institutions cannot be incompetent , careless or reprehensible - people are. When or where such situations arise, it is the culprits who require to be punished by fines and/or dismissal. Fining the institution may let the sum be much larger but simply drains funds from the institution's assets, engorges the judiciary and treasury coffers and adds to the burden of the long-suffering taxpayer. Punish the culprits not the inanimate and therefor unblamable institution. Furthermore pump the resulting funds straight into (in this case) the NHS to help fund improvements.
JVC, Berkhamsted, UK