Doug Wojcieszak, Founder & Spokesperson
30 May 2009
Contact phone/e-mail address: 618-559-8168; doug@sorryworks.net
Sorry Works! Founder Doug Wojcieszak was training a group of physicians in Philadelphia last week, and when the following quote from the former President of the South Carolina Trial Lawyer's Association popped up on the screen...
"I would never introduce a doctor's apology in court. It is my job to make a doctor look bad in front of a jury, and telling the jury the doctor apologized and tried to do the right thing kills my case."
....one of the doctors in the crowd who had also graduated from law school took great exception. In fact, he argued with Wojcieszak that the slide was not true, trial lawyers tell lies all the time he said, and the doctor went on to say further that he in fact had studied case law where trial lawyers had used apologies against doctors, nurses, and hospitals. Wojcieszak countered by saying countless lawyers - plaintiff's and defense - have backed up this slide; the job of a plaintiff's attorney is to literally dehumanize a doctor in court, not make him/her look more human by offering evidence of "sorry." Back and forth they went, and the doctor and Wojcieszak finally agreed to disagree on the point.
A little later in the presentation another doctor in the audience said she knows when she has made a mistake and wants to apologize as quickly as possible, without waiting for an investigation. We urged her to always wait for an investigation because 1) she actually may have NOT made a mistake OR 2) yes, she made a mistake but it has no causation to the injury or death OR 3) yes, she made a mistake with causation but other people were involved as well. We urge people to pause - wait - for a speedy investigation to confirm (or not confirm) their initial thoughts.
A little later in the presentation we discussed jousting and speculation among colleagues, as well as outright throwing colleagues under the bus. "I'm sorry my colleague Dr. Smith screwed up and killed your husband...you should get the chart and get a lawyer!"
Then it became clear - these were the "sorrys" that the MD/JD argued about - NOT the disciplined, systematic approach of empathy ("I'm sorry this happened) coupled with good customer service immediately after an adverse event, pause for the investigation, and then the resolution which may include a true apology (if the investigation showed an error occurred with causation) preached by Sorry Works! The MD/JD wasn't really talking about apologies...he was complaining about physicians prematurely - and errantly - admitting fault as well as jousting and speculation. The MD/JD nodded in agreement.
Sure, there are plenty of times when the doc prematurely admits fault or somebody throws a colleague under the bus which can haunt the defense in court. No question about it.
Folks - we need to make something absolutely clear...we DON'T want doctors or nurses running out of the operating or exam room apologizing. We want them empathizing: "I'm sorry this happened...I feel bad for you...we're doing an investigation...can I help you with any right now such as a minister, phone calls, transportation, etc?" That's all we want, and that's all patients/families need immediately after the adverse event. Only after an investigation has proven an error with causation do physicians - working with their risk manager, defense counsel, insurer, etc - admit fault and apologize to the patient or family (and eventually discuss compensation). Say only what you know when you know it - which means no more speculation or jousting either!
This important topic (and debate) is at the heart of our new Facts About Disclosure that we have incorporated into all live Sorry Works! presentations. These "facts" are tools docs and nurses can use right now to reduce frequency and severity.
To learn more about the facts and Sorry Works! presentations, call 618-559-8168 or doug@sorryworks.net. We are still booking for summer and already booking for fall and winter. Call or e-mail today!
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