Photo by Naomi Harris, left; courtesy of Eduardo Rivero Jr., above

Eduardo Rivero Jr. was enjoying an active retirement as a Spanish teacher and volunteer in Cherry Hill when he developed alarming problems with his balance.

A CT scan revealed a subdural hematoma, a form of traumatic brain injury requiring immediate attention and the utmost care. During emergency surgery the 73-year-old Rivero suffered a “never event,” a term doctors use to describe a life-threatening medical error that should never occur. With the CT scan in full view and six hospital personnel present, an assisting surgeon cut into the wrong side of his skull, according to Rivero and his wife, Amelia. Fortunately, the primary surgeon caught the mistake before he began to drill.

“When the operation was over, the main surgeon told me he had good and bad news,” Amelia Rivero said. “The good news was, the operation was a success. The bad news was, the first incision was on the wrong side of the head. It took 63 staples to close.”

The doctor told her, “Humans sometimes make mistakes.”

Rivero survived.

Medical errors harm and sometimes kill. From February 2005 through December 2008, New Jersey hospitals reported 1,817 medical errors to the state’s Department of Health and Senior Services. Of that number, 251 resulted in deaths. But consumers have no way of knowing where these errors occurred; the law keeps hospital-specific information secret.

A bill making its way through the legislature would lift that veil. New Jersey’s 73 acute care hospitals will continue to report errors under the confidential system created by a 2004 law. But the new proposal would make some data available online to the public, covering 14 serious medical errors or failings. In September, when the health department’s annual hospital performance report is due out, consumers could find a hospital-by-hospital list of those errors. The list would not include information about patient outcomes or identify the patients or doctors involved, however.

Among the 14 indicators:

• surgery on the wrong side or body part;

• foreign items left in the body after surgery;

• postoperative hip fracture;

• postsurgical hemorrhage and infection;

• accidental puncture;

• pulmonary embolism;

• blood transfusion problems.

“It’s a big victory,” said Marilyn Askin, chief legislative advocate for AARP New Jersey, which fought for disclosure of hospital safety rates for more than two years, over objections from the hospital establishment. “The bill doesn’t include every recognized never event, but it will be a big step in assuring quality care.”

Heather Howard, New Jersey health commissioner, said her department will mine hospital billing data already collected by the state to extract the new information on medical errors.

“It’s exciting. We think we’ll be leading the country,” said Howard. “That kind of scrutiny will cause improvements in patient safety.”

The bill also prevents hospitals and responsible doctors from charging for treatment to repair their mistakes. The concept was borrowed from Medicare, which no longer pays to fix certain medical errors.

The New Jersey Hospital Association supports the portion of the bill disclosing patient safety data but has concerns about the section on nonpayment. The New Jersey Medical Society, which represents doctors, opposes the current draft of the bill.

“These are things that should never happen,” said state Sen. Joe Vitale, D, a sponsor of the legislation. “We’re hoping that it will encourage hospitals to redouble their vigilance.”

Mary Jo Patterson is a freelance reporter based in New Jersey.