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Doctors Should Be Required To Disclose Sleep Deprived Status To Patients Before Elective Surgeries

New York, NY—December 29, 2010

While regulations have been put in place to restrict the work hours of doctors in training, no such regulations exist for fully trained physicians. An editorial in this week’s New England Journal of Medicine argues that sleep-deprived physicians should not be permitted to proceed with an elective surgery without a patient’s informed, written consent.

According to the authors, “This approach would represent a fundamental shift in the responsibility patients are asked to assume in making decisions about their own care and might prove burdensome to patients and physicians and damaging to the patient-physician relationship.” They further write that “this shift may be necessary until institutions take the responsibility for ensuring that patients rarely face such dilemmas.”

Studies have shown that sleep deprivation impairs psychomotor performance as severely as alcohol intoxication. A 2009 study in the Journal of the American Medical Association showed a significant increase in the risk of complications in patients who underwent elective daytime surgical procedures performed by attending surgeons who had less than a six-hour opportunity for sleep during a previous on-call night. Further complicating the matter, people who are sleep-deprived are often not able to accurately assess their degree of self-impairment. Surveys have also revealed that the majority of patients undergoing elective surgery would request a different provider if they knew that their surgeon was sleep deprived.

“Sleep deprivation affects clinical performance. It increases the risks of complications. And it is clear from survey data that patients would want to be informed if their physician was sleep deprived and that most patients would request a different provider,” said Michael Nurok, M.D., Ph.D., an anesthesiologist and intensive care physician at Hospital for Special Surgery who is first author of the editorial. “We think that institutions have a responsibility to minimize the chances that patients are going to be cared for by sleep-deprived clinicians.”

These days, some hospitals take steps to minimize the likelihood that a surgeon will be scheduled to conduct an elective surgery in a sleep-deprived state. For example, some busy practices prohibit scheduling surgeries for physicians on post-call days. But not enough is being done. “A lot of institutions are not going to be able to take that leap immediately, so as an interim step, we believe that patients need to be informed,” Dr. Nurok said. “This is going to be a policy issue that develops. Elective surgery is the low hanging fruit because there is no urgency to doing it and it can be rescheduled – ideally as a priority with institutional support. It’s a nice place to start to think about policy approaches.”

The editorial argues that sleep-deprived physicians should be required to inform patients of their condition and the potential hazards that can come with this impairment. If patients opt to proceed as planned, they should be required to sign a consent form on the day of the procedure in front of a witness. Patients should be given the opportunity to go ahead with the procedure, proceed with a different physician if possible, or reschedule. The Sleep Research Society and American Academy of Sleep Medicine have argued that legislation is needed to address fatigue.

The editorial authors identify a number of barriers that may make this informed consent and surgery rescheduling unpopular with patients and physicians. Patients may have made logistical provisions for their surgery and may be unhappy if they have to reorganize their schedule again. Clinicians may lose cases to colleagues and thus income. Departments and institutions may lose income if patients reschedule and seek treatment elsewhere.

And while the study authors acknowledge that there may be financial and administrative costs associated with any informed consent plan, they argue that the costs may be offset by improved surgical outcomes and reduced complications.

“There has been widespread discomfort with the idea that patients are having procedures performed by physicians who are fatigued,” Dr. Nurok said. “New policies are needed.”

Dr. Nurok is also a member of the Department of Global Health and Social Medicine at Harvard Medical School.

Co-authors of the study include Charles A. Czeisler, M.D., Ph.D., of the Division of Sleep Medicine at Brigham and Women’s Hospital and Division of Sleep Medicine at Harvard Medical School; and Lisa Soleymani Lehmann, M.D., Ph.D., from the Center for Bioethics at Brigham and Women’s Hospital and the Division of Medical Ethics at Harvard Medical School.

 

About HSS | Hospital for Special Surgery
HSS is the world’s leading academic medical center focused on musculoskeletal health. At its core is Hospital for Special Surgery, nationally ranked No. 1 in orthopedics (for the eighth consecutive year) and No. 3 in rheumatology by U.S. News & World Report (2017-2018). Founded in 1863, the Hospital has one of the lowest infection rates in the country and was the first in New York State to receive Magnet Recognition for Excellence in Nursing Service from the American Nurses Credentialing Center four consecutive times. The global standard total knee replacement was developed at HSS in 1969. An affiliate of Weill Cornell Medical College, HSS has a main campus in New York City and facilities in New Jersey, Connecticut and in the Long Island and Westchester County regions of New York State. In 2017 HSS provided care to 135,000 patients and performed more than 32,000 surgical procedures. People from all 50 U.S. states and 80 countries travelled to receive care at HSS. In addition to patient care, HSS leads the field in research, innovation and education. The HSS Research Institute comprises 20 laboratories and 300 staff members focused on leading the advancement of musculoskeletal health through prevention of degeneration, tissue repair and tissue regeneration. The HSS Global Innovation Institute was formed in 2016 to realize the potential of new drugs, therapeutics and devices. The culture of innovation is accelerating at HSS as 130 new idea submissions were made to the Global Innovation Institute in 2017 (almost 3x the submissions in 2015). The HSS Education Institute is the world’s leading provider of education on the topic on musculoskeletal health, with its online learning platform offering more than 600 courses to more than 21,000 medical professional members worldwide. Through HSS Global Ventures, the institution is collaborating with medical centers and other organizations to advance the quality and value of musculoskeletal care and to make world-class HSS care more widely accessible nationally and internationally.

 

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