THE DISCUSSION WAS:
Healthcare regulations require that when an individual does not speak English, their medical information about treatment must be provided in their preferred language. Regulations specifically state that neither the family nor staff can act as an interpreter unless they are certified to do so. For example, the physician must explain an impending surgery in the patient’s language so the patient can fully comprehend the treatment plan.
Another example is when a nurse discharges a patient with a complex wound, care instructions must be given in that patient’s preferred language.
The risk manager has determined that both physicians and staff are not utilizing the new online interpretation system purchased by the hospital, which is readily available in every room. The risk manager’s goal is to explain why using the interpretation system is important for patient safety and prevention of malpractice.
Develop an initial post from the perspective of the risk manager that explains the risk of not providing medical information in an individual’s preferred language and the guidelines for providing this health information communication.
BUT NOW WE ARE DOING:
In your responses to your peers, consider whether you agree with the guidelines they consider to be most important. Explain why or why not. Remember to use the most recent APA guidelines for your citations and references.
FOR THE DISCUSSION I WILL PUT WHAT I SAID IN THE FILES
Demonstrate more depth and thought than saying things like I agree or You are wrong.
NOW THIS IS WHAT THE PEER SAID:
To the esteemed members of the team,
I am writing to draw your attention to a critical issue related to communicating medical information to patients who lack proficiency in the English language and those with auditory impairment. We must acknowledge this challenge and proactively address it to ensure optimal healthcare delivery. Our attention has been drawn to the significant underutilization of the newly implemented online interpretation system in our hospital.
Healthcare regulations under Title VI of the Civil Rights Act of 1964 mandate that individuals who do not speak English receive medical information and treatment plans in their preferred language (HHS.gov). We must acknowledge that language barriers are associated with lower quality of care, poor clinical outcomes, extended hospital stays, and higher rates of hospital readmissions (CMS.GOV). It is of utmost importance to recognize that individuals who are not certified interpreters, such as family or staff members, are not authorized to act as interpreters. Therefore, it is highly recommended to engage the services of certified interpreters to ensure accurate and effective communication.
Patients who are deaf or hearing impaired must be given instructions in writing in their preferred language or through an interpreter (Fremgen, 2020, pg. 112). This practice ensures precise and unambiguous communication to enhance patient-centered care, which is necessary for the patient’s safety and to prevent any possible malpractice problems.
The Hospital has implemented an online interpretation system that is conveniently accessible and installed in every room. However, it has come to our attention that the physicians and staff are not fully utilizing this valuable tool. Providing medical information in an individual’s preferred language is crucial, and failure to do so can pose a significant risk. It is imperative that healthcare providers take into account the linguistic preferences of their patients and provide them with the necessary information in a language that they can understand. Doing so not only ensures effective communication but also promotes better health outcomes. As experts in the healthcare field, it is our responsibility to prioritize linguistic diversity and ensure that language barriers do not impede the provision of quality healthcare services. Misunderstandings can lead to errors in treatment, compromised patient safety, and even legal implications for malpractice (nih.gov).
I encourage each of you to become familiar with the guidelines for communicating health information, particularly when language barriers exist. Let’s work together to improve patient safety, ensure clear communication, and avoid potential risks associated with misunderstandings caused by language barriers.
If you have any questions or concerns, please do not hesitate to contact the risk management department. We rely on your cooperation for the optimal well-being of our patients and the overall success of our healthcare delivery.
Thank you for your attention to this matter.
Sincerely,
Risk Manager
Limited English Proficiency (LEP) | HHS.gov
Fremgen, B. F. (2020). Medical Law and Ethics
HIPPAA & INTERPRETERS (medchi.org)
Gerteis, Margaret, Susan Edgman-Levitan, and Jennifer Daley. Through the Patient’s Eyes. Understanding and Promoting Patient-centered Care. San Francisco, CA: Jossey-Bass, 1993. Providing Language Services to Diverse Populations: Lessons from the Field (cms.gov)
Impact of language preference and health literacy on health information-seeking experiences among a low-income, multilingual cohort – PMC (nih.gov)
Laws Requiring Interpreters in Healthcare – Certificate Interpreter Training Programs® – Official SiteCertificate Interpreter Training Programs® – Official Site
RESORUCES THAT MAY OR MAY NOT HELP:
Textbook: Medical Law and Ethics, Chapters 5 and 6
Chapter 5 guiding questions:
1. What rights does a physician have when practicing medicine and accepting a patient?
2. What is the patient’s bill of rights?
3. What are implied consent and informed consent?
Chapter 6 guiding questions:
1. What are the four Ds of negligence?
2. What does liability refer to?
3. What are ways to prevent malpractice?
https://ezproxy.snhu.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=ccm&AN=158802857&site=eds-live&scope=site
Read this Shapiro Library article to learn about how the law impacts physician–patient relationships and binds physicians with long-standing and more recently added legal duties.
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Read this Shapiro Library article on the U.S. malpractice system and its effects on medical decision making.
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Read this Shapiro Library article to understand mechanisms of healthcare fraud and abuse.
Providing Language Services to Diverse Populations: Lessons from the Field
Click on the resource location link to access the article. This resource discusses the complexity of the healthcare regulation related to providing language services in a patient’s language of choice.
https://www.acponline.org/practice-resources/regulatory-resources/regulatory-compliance/overview-and-compliance-resources-for-anti-kickback-regulations-and-stark-law
Review this web resource to understand how anti-kickback regulations impact healthcare practices.
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