Use of Stigmatizing Language in Patient Medical Records by Healthcare Providers

Stigmatizing language should be avoided whenever possible.

I read an article in the Journal of the American Medical Association (JAMA) a few weeks ago that intrigued me; it was titled Physician Use of Stigmatizing Language in Patient Medical Records.

When I teach my documentation course to providers who have gotten in trouble with their medical boards, I instruct them that they must tell the truth – but should also consider how their words may resonate with the patient. As of April 2021, according to a provision of mandated medical transparency afforded by the 21st Century Cures Act, it is required that patients have access to their own medical record. Does this, and should this affect how the provider documents the encounter? And does the way we document affect other caregivers?

The study’s findings were that the majority of negative language was not explicit, and fell into one or more of five categories:

    1. Questioning patient credibility;
    2. Expressing disapproval of patient reasoning or self-care;
    3. Stereotyping by race or social class;
    4. Portraying the patient as difficult; or
    5. Emphasizing physician authority over the patient.

They found that positive language was often more explicit, and fell into these categories:

    1. Direct compliments;
    2. Expressions of approval;
    3. Self-disclosure of the provider’s positive feelings toward the patient;
    4. Minimization of blame;
    5. Personalization; and
    6. Highlighting patient authority for their decisions.

The premise is that negative perception of groups of patients may affect the quality of care provided to them and may be reflected in the language used to describe the encounter in the medical record. Two examples offered were the use of the word “sickler” to describe an implicit negative attitude toward patients with sickle cell disease, and using the phrase “substance abuser,” as opposed to a patient “having a substance use disorder.” The article alluded to participants in the study expressing attitudes that these patients were personally culpable and less deserving of treatment and compassionate care. They posit that bias can be perpetuated throughout the medical record and can sway how future caregivers perceive and treat patients.

This article made me think of a paradigm shift I have seen recently (and have embraced) wherein members of the news media refer to “the enslaved,” as opposed to “slaves.” The former expression conveys a sense that something was forcibly perpetrated on the individual, in contradistinction to them actively or volitionally accepting the role of servitude. Another language shift we all have experienced is shunning the expression “committed suicide.” The generally accepted term now is “died by suicide.” The word “commit” evokes criminality, like “committing murder or adultery.”

How we document things and the language we use matters. The article details “doubt markers,” which are ways of conveying suspicion or distrust about the authenticity of symptoms or the patient’s adherence to prescribed treatment. Words like “supposedly,” “claims to,” or “alleges” can call into question the legitimacy of the premise. The authors also mention a tactic known as “scare quotes,” which is using quotation marks to cast doubt on the diagnosis or the scenario (e.g., “she takes albuterol for ‘chronic bronchitis’”). The article authors state that this practice also can convey disapproval or negative judgment of the patient’s actions or thought processes.

Other behaviors disparaged in the study were racial or social class stereotyping: adjectives that impart condescension or frustration, and paternalistic language (e.g., “I impressed upon him the importance of…”).

Positive language practices included use of positive adjectives (e.g., “this is a pleasant 83-year-old…”), explicit approval of positive patient behaviors (e.g., “hard work following instructions” or “good insight into disease process”), and self-disclosure of positive sentiments towards the patient. If a provider felt positive towards the patient, they might minimize blame by expressing barriers to following a treatment plan in a more favorable light (e.g., “limited short-term memory making it difficult to carry out recommended interventions”). Providers also sometimes included details about the patient’s life or activities, judged through the lens of their own interests or background (e.g., “she has a strong faith, which she feels uplifts and strengthens her.”)

How does this impact the provider-patient relationship, that the patient has access to their own electronic medical record? An article regarding the impression patients have of outpatient notes found that 10 percent of patients reported feeling judged and/or offended by something they read in their notes. These patients often had diagnoses in the social determinants of health (SDoH) category (e.g., unemployment, financial hardship). The specific issues were errors and surprises, labeling, and disrespect. Does this mean that clinicians should stop documenting words like “obese,” “anxious,” “depressed,” and/or “elderly?”

My advice is that practitioners must tell the story and tell the truth. If a patient is morbidly obese or clinically depressed, this must be reported, and the condition addressed. However, it may take a few extra moments to critically analyze documentation from the perspective of the reader and try to avoid offense. Dr. Fernandez, author of the outpatient note study, was quoted as saying, “I try to mirror the concept of: what would it feel like if I was reading this out loud to the patient?”

We must acknowledge that we all have implicit biases. As healthcare providers, it is our responsibility to try to minimize the effect our biases have on our decision-making and strive to rise above our prejudices. When we document, we should be aware of how we say things; we do not want to negatively influence subsequent caregivers to provide lesser care.

Stigmatizing language should be avoided whenever possible, not just to avoid upsetting the patient, but to change how we think about and treat patients.

Programming Note: Listen to Dr. Erica Remer Tuesdays on Talk Ten Tuesdays, 10 Eastern, when she co-hosts with Chuck Buck

Facebook
Twitter
LinkedIn

Erica Remer, MD, FACEP, CCDS, ACPA-C

Erica Remer, MD, FACEP, CCDS, ACPA-C has a unique perspective as a practicing emergency physician for 25 years, with extensive coding, CDI, and ICD-10 expertise. As physician advisor for University Hospitals Health System in Cleveland, Ohio for four years, she trained 2,700 providers in ICD-10, closed hundreds of queries, fought numerous DRG clinical determination and medical necessity denials, and educated CDI specialists and healthcare providers with engaging, case-based presentations. She transitioned to independent consulting in July 2016. Dr. Remer is a member of the ICD10monitor editorial board and is the co-host on the popular Talk Ten Tuesdays weekly, live Internet radio broadcasts.

Related Stories

Leave a Reply

Please log in to your account to comment on this article.

Featured Webcasts

Enhancing Outcomes with CDI-Coding-Quality Collaboration in Acute Care Hospitals

Enhancing Outcomes with CDI-Coding-Quality Collaboration in Acute Care Hospitals

Join Angela Comfort, DBA, MBA, RHIA, CDIP, CCS, CCS-P, as she presents effective strategies to strengthen collaboration between CDI, coding, and quality departments in acute care hospitals. Angela will also share guidance on implementing cross-departmental meetings, using shared KPIs, and engaging leadership to foster a culture of collaboration. Attendees will gain actionable tools to optimize documentation accuracy, elevate quality metrics, and drive a unified approach to healthcare goals, ultimately enhancing both patient outcomes and organizational performance.

November 21, 2024
Comprehensive Inpatient Clinical Documentation Integrity: From Foundations to Advanced Strategies

Comprehensive Outpatient Clinical Documentation Integrity: From Foundations to Advanced Strategies

Optimize your outpatient clinical documentation and gain comprehensive knowledge from foundational practices to advanced technologies, ensuring improved patient care and organizational and financial success. This webcast bundle provides a holistic approach to outpatient CDI, empowering you to implement best practices from the ground up and leverage advanced strategies for superior results. You will gain actionable insights to improve documentation quality, patient care, compliance, and financial outcomes.

September 5, 2024
Advanced Outpatient Clinical Documentation Integrity: Mastering Complex Narratives and Compliance

Advanced Outpatient Clinical Documentation Integrity: Mastering Complex Narratives and Compliance

Enhancing outpatient clinical documentation is crucial for maintaining accuracy, compliance, and proper reimbursement in today’s complex healthcare environment. This webcast, presented by industry expert Angela Comfort, DBA, RHIA, CDIP, CCS, CCS-P, will provide you with actionable strategies to tackle complex challenges in outpatient documentation. You’ll learn how to craft detailed clinical narratives, utilize advanced EHR features, and implement accurate risk adjustment and HCC coding. The session also covers essential regulatory updates to keep your documentation practices compliant. Join us to gain the tools you need to improve documentation quality, support better patient care, and ensure financial integrity.

September 12, 2024

Trending News

Featured Webcasts

Patient Notifications and Rights: What You Need to Know

Patient Notifications and Rights: What You Need to Know

Dr. Ronald Hirsch provides critical details on the new Medicare Appeal Process for Status Changes for patients whose status changes during their hospital stay. He also delves into other scenarios of hospital patients receiving custodial care or medically unnecessary services where patient notifications may be needed along with the processes necessary to ensure compliance with state and federal guidance.

December 5, 2024
Navigating the No Surprises Act & Price Transparency: Essential Insights for Compliance

Navigating the No Surprises Act & Price Transparency: Essential Insights for Compliance

Healthcare organizations face complex regulatory requirements under the No Surprises Act and Price Transparency rules. These policies mandate extensive fee disclosures across settings, and confusion is widespread—many hospitals remain unaware they must post every contracted rate. Non-compliance could lead to costly penalties, financial loss, and legal risks.  Join David M. Glaser Esq. as he shows you how to navigate these regulations effectively.

November 19, 2024
Post Operative Pain Blocks: Guidelines, Documentation, and Billing to Protect Your Facility

Post Operative Pain Blocks: Guidelines, Documentation, and Billing to Protect Your Facility

Protect your facility from unwanted audits! Join Becky Jacobsen, BSN, RN, MBS, CCS-P, CPC, CPEDC, CBCS, CEMC, and take a deep dive into both the CMS and AMA guidelines for reporting post operative pain blocks. You’ll learn how to determine if the nerve block is separately codable with real life examples for better understanding. Becky will also cover how to evaluate whether documentation supports medical necessity, offer recommendations for stronger documentation practices, and provide guidance on educating providers about documentation requirements. She’ll include a discussion of appropriate modifier and diagnosis coding assignment so that you can be confident that your billing of post operative pain blocks is fully supported and compliant.

October 24, 2024
The OIG Update: Targets and Tools to Stay in Compliance

The OIG Update: Targets and Tools to Stay in Compliance

During this RACmonitor webcast Dr. Ronald Hirsch spotlights the areas of the OIG’s Work Plan and the findings of their most recent audits that impact utilization review, case management, and audit staff. He also provides his common-sense interpretation of the prevailing regulations related to those target issues. You’ll walk away better equipped with strategies to put in place immediately to reduce your risk of paybacks, increased scrutiny, and criminal penalties.

September 19, 2024

Trending News

Prepare for the 2025 CMS IPPS Final Rule with ICD10monitor’s IPPSPalooza! Click HERE to learn more

Get 15% OFF on all educational webcasts at ICD10monitor with code JULYFOURTH24 until July 4, 2024—start learning today!

CYBER WEEK IS HERE! Don’t miss your chance to get 20% off now until Dec. 2 with code CYBER24