CANDOR in Practice
A CANDOR law would:
Promote proactive candid conversations.
Provide a way for clinicians and facilities to expeditiously accept responsibility for error and be accountable to the patients.
Create a culture of transparency between patients, physicians and hospital facilities.
Promote both internal and external policy and procedure changes to prevent re-occurrences with other future patients.
Provide patients with appropriate funding when there has been error, even when the incidents cause minor harm/injury and would otherwise go uncompensated because they would not be pursued through litigation.
Provide an additional and alternate method to patients, physicians and facilities for resolving unanticipated outcomes, which lays the foundation for expeditious resolutions.
Protect the CANDOR communications from being subsequently discovered - thereby, providing a “safe space” for everyone to talk openly.
Not change current federal or state law reporting requirements.
The CANDOR process:
Emphasizes VOLUNTARY participation by all persons and entities involved.
Encourages the patient to get legal counsel.
Allows additional person(s) to be present with the patient as well.
Encourages dialogue with the patient to learn the patient’s perspectives and insights in what might be needed to improve patient safety.
Could be rejected by the patient any time before resolution.
Does not abridge a patient’s right to file a legal claim in court (unless resolution is accepted).
Provides a mechanism to resolve an adverse outcome in a matter of months instead of years of litigation.
Allows a patient to maintain his/her privacy and protect his/her personal medical information from public disclosure.