July 10, 2010
Doug Wojcieszak, Founder & Spokesperson
Contact phone/e-mail address: 618-559-8168;
doug@sorryworks.net
SORRY WORKS! E-TOPIC: JOUSTING AND SPECULATION...
I got one of those calls last week....a family member who shared a story that something happened to their loved one and another doctor told them convincingly that an error occurred. I always cringe when I hear such a tale.
Now, for a perspective, as many of you know I lost my oldest brother to medical errors, our family experienced a cover up, and we had to pursue litigation. We received a settlement but no apology, explanation of what went so terribly wrong, or how the hospital would take steps to prevent the same errors in the future. I want every patient or family who has been wronged to receive everything we didn't: apology, accountability, demonstrable improvements in the hospital or practice, and the chance to forgive. I want people to hear the truth - but only when we know the truth, and not a second sooner.
When a healthcare professional jousts questions immediately pop into my head: Did the jouster talk to his colleague who allegedly screwed up? Has the jouster spoken with the colleagues and staff of the doctor who allegedly erred? Has the jouster thoroughly reviewed the medical records? Reviewed test results and all the important data? Does the jouster know for certain that the patient/family didn't have some role in the care that went wrong? The questions can go on forever, and you ask enough questions and the jouster is eventually going to utter a hesitant "no."
Nothing wrong with having hunches and educated guesses. Nothing wrong with having fears and suspicions. Nothing wrong with believing in your heart that an error happened. And nothing wrong with sharing these thoughts and feelings with a patient and family - there's a trick to doing it, however.
Instead of throwing a colleague under the bus, encourage the patient/family to return to their original provider with some questions to ask and information to seek.
At Sorry Works! we work overtime to preserve the provider-patient-family relationship. Preserving relationships is the key to permantely addressing the medical malpractice crisis. One way we do this is by providing healthcare professionals with tools so they can effectively and credibly communicate post-adverse event and maintain relationships (as opposed to running away). But relationships are two way streets...both sides have to try. We want patients and families to return - at least initially - to the provider(s) who was involved in the care that went wrong. See if the provider(s) will meet....see if they will answer questions and provide information....see if they are credible.
Talk is easy and cheap for both sides pre-litigation....so grab the opportunity. So often people who are involved in long-drawn out litigation (years and years) yearn to talk to the other side, however, the time to talk is before a lawsuit is filed. See if the doctor or hospital will meet and what they have to say? If they don't meet, that speak volumes, or if they meet and it's a snow job that speaks volumes too. Litigation should be pursued - quickly. But if they meet and provide credible information that's an entirely different deal. Either they're apologizing for a mistake and moving quickly to settle a claim or explaining in a credible fashion how an adverse event was not a mistake.
Healthcare professionals as a whole need to encourage 1) their colleagues to communicate with patients and families post-adverse event; 2) patients and families to return to their physicians post-adverse event; 3) the development of disclosure programs in their practices, hospitals, and insurance companies.
To be fair, healthcare professionals sometimes joust because they believe a patient or family will have no other way of learning about an error. It's understandable, but it's still not preferred. Again, ethical healthcare professionals need to push for the development of disclosure programs and also encourage patients and families to return to their providers with questions. Nothing can be worse for a patient or family (or a provider) then for some doctor or nurse to joust - "get the chart....Dr. Smith killed your mom" - and the family goes through years of litigation only to a have a jury, judge or their own lawyer say malpractice didn't occur. The family will never believe it....they will believe to their own graves that malpractice occurred because a doctor or nurse told them so. Don't put patients, families, or your colleagues in such a prison. It's not right.
Encourage people to talk and overtime develop a disclosure program...that's the right move.
Sorry Works! can help....to learn more about our presentations, training seminars, and best-selling book call 618-559-8168 or e-mail doug@sorryworks.net.
Sincerely,
- Doug
Doug Wojcieszak, Founder
Sorry Works!
PO Box 531
Glen Carbon, IL 62034
618-559-8168 (direct dial)
doug@sorryworks.net
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