Dealing with human error

Error can be handled in two very different ways. One way is to seek out and identify the one who committed the error in order to hold him or her, or the institution that employs the 'culprit', responsible for it. The other way is analyse the error in order to learn from it and to improve things so as to reduce the probability that the error will not be made again.

Blaming

Blaming or holding people responsible and accountable for their actions, such as those types of error which involve violations of existing standards or rules, is a major focus of the court system. The laws of torts, of contracts, child welfare and crime-among others-all focus on the consequences that come to bear, or at least ought to, on the person who commits a legal wrong.

Legal blaming involves a determination of culpability in order for the system to become engaged in the resolution of the matter. Legal blaming, or fault finding, is a normal (indeed, perhaps even necessary) aspect of resolving and addressing those errors that violate rules or standards. Judicial systems exist in part to provide a vehicle by which individuals can address the question of wrongs that are committed against them or their loved ones, in order that they can relieve their feelings of loss, pain and anger. Without a properly functioning judicial system, some have argued that people may surrender to the urge to exact revenge for their loss and pain upon the individual or institution they feel is most responsible.

Learning from human error

However, because inquests are not able to make findings of culpability, the obligation of an inquest ought therefore to be to focus on discussing error in the context of what can be learned from it.

For the same reason, hospitals need to approach the issue of error from a learning perspective, for they have an obligation to provide the best possible care to their patients. If it is discovered that a problem has resulted from human error during the course of treatment, then hospitals ought to be empowered-indeed obligated-to consider such error from the perspective of what can be learned. In particular, efforts should be made to determine how to prevent errors from recurring, by discovering where the flaws lie in the system that contributed to errors being made.

In order to do so, a process must be put into place that emphasizes the need to gather and consider all of the relevant facts in an honest and candid manner, without regard to any individual or institutional consequences that might flow from the errors.

For that to happen, consideration must obviously be given to balancing the issue of confidentiality and protection of informants from liability for describing what happened, with the equally strong need for patients and their families to be informed as to what really happened.