Liability from a patient not following orders?

InsideSurgery’s Grand Rounds included InsureBlog’s post on Andrew Speaker, the flying TB sufferer.

Advised against flying.

So what does he do?

He takes a trans-Atlantic flight, then a circuitous route back home to avoid compliance with orders from the CDC to remain in Italy.

The man, however, told the Atlanta Journal-Constitution that doctors didn’t order him not to fly and only suggested he put off his long-planned wedding in Greece.

Oh, that’s different.

They never TOLD him NOT to fly, only advised against it.

Let’s see.

They told him he had a potentially deadly form of TB that is resistant to the usual treatment protocol. So what does he do?

He boards a plane, with the potential to infect others.

This makes me wonder if his claim (“they never told me…”) would be enough to launch a liability suit if anyone else gets sick.

A possible source of miscommunication and a solution.

I’ve blogged a couple of times about the importance of communication (here and here) in preventing unnecessary conflict between medical workers and patients. I noticed a post from the Impacted Nurse I thought both showed a source of misunderstanding (and, therefore, increased risk), as well as a way to try to correct it.

We occasionally have patients or their relatives complain that the nurses seem far too jovial.

That we are laughing and joking around during the shift, displaying total insensitivity to the suffering of those patients around us.

I thought his explanation for how medical staff have to find ways to deal with what is all around them was a great example of how to avoid misunderstanding. Read it for yourself.

(Hat tip: Grunt Doc)

At the same time, it wouldn’t hurt for all of us to think of how we come across to other people. Hospital culture makes sense to many within that culture, but–by definition–it will seem strange to new patients and their loved ones. This will be experienced on top of any fear they feel about the reason for their hospitalization. In addition to the simple obligation we all have we all have to try to be aware of one another’s needs, it seems pretty obvious that any alienation or offense that arises from this sort of misunderstanding could lead to unnecessary litigation due to a simple barrier in communication.