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IN THIS EDITION:
- The Challenges We Face
- Learning from neurosurgeons
- Federation of State Medical Boards
- Liability Update/Donna Baver Rovito
- Progress in New Jersey
- More progress in South Carolina
- Woods and Amori
The Challenges We Face
Sorry Works! has had a nice run over the last two years. We've appeared in numerous trade and popular publications (including Time Magazine), been asked to testify before Congress, and been invited to speak before numerous medical and insurance organizations all around the United States. So, it was no surprise last December when the American Association of Medical Society Executives (AAMSE) extended an invitation to speak at their July 2006 conference in Montreal with a $500 honorarium included. Sorry Works! gladly accepted the invite. What a great a chance to speak before a large body of medical and healthcare professionals and earn a little money for the coalition.
Sorry Works! held this spot on their calendar for six months and turned down other speaking opportunities with larger honorariums. We had made a commitment to the AAMSE and thought the event very important.
Imagine our surprise when Sorry Works! spokesperson Doug Wojcieszak booked airfare three weeks ago only to be called by an AAMSE board member later that same day to say the speaking invitation had been rescinded. No more Sorry Works! presentation. The AAMSE board member nervously told Wojcieszak that some AAMSE members thought the topic of disclosure too controversial and only wanted to hear about disclosure from a physician. Patient perspective was not necessary at this time.
Make no mistake, folks - disclosure and Sorry Works! are controversial topics, as they should be. We're talking about changing the culture of medicine, law, and insurance from deny and defend to openess and honesty, and some people are going to have a problem with this - but that's OK. These folks need to be engaged, challenged, and ultimately converted. Real leaders in medicine need to stand up to the complainers and tell them the medical malpractice crisis is a self-inflected wound for the medical community, and Sorry Works! is the cure.
Wojcieszak voiced these objections and insisted on speaking at the AAMSE convention, then AAMSE's line began to change and soften but had the same conclusion: "Based on the needs and interests of our Annual Conference attendees, the committee determined that our session on patient-centered care would focus this year on other aspects of this important issue," wrote AAMSE in a letter to Sorry Works dated July 6, 2006! Gone were words about controversy or hearing only from a doctor - this was now simply a program change and sorry we told you so late.
AAMSE did "apologize" but did not offer to pay the honorarium or make any other efforts to follow through on their commitment. Indeed, a meaningless, hollow apology.
This behavior is Exhibit A in why there is a medical malpractice crisis. A mistake is made and then the bad situation is compounded by more bad behaviour. Changing stories, poor communication, and meaningless apologies. These types of behavior are what stoke anger and rage in patients and families after medical errors and what ultimately pushes them to pursue litigation.
Don't get us wrong, we're not going to sue, but we would still like to speak at the AAMSE conference in Montreal on July 27. If not at the official conference, perhaps some of the attendees who want to hear this message could cover travel expenses and arrange an off- site speaking engagement.
These are the challenges we face, but we shall overcome each and every one of them.
Learning from neurosurgeons
One group that is not afraid to hear the Sorry Works! message is the New York State Neurogical Institute. Sorry Works! spokesperson Doug Wojcieszak presented to the group two weeks ago and the neurosurgeons provided interesting and important feedback. Many neurosurgeons said the following, "I communicate effectively with my patients especially after adverse events, I talk with them and work with them, and I've still been sued." The key word in these comments was "I." This is very important and we're glad the neurosurgeons raised this issue with us.
For disclosure programs to be successful they have to be a team or "we" approach involving all parts of a hospital, medical practice, or med-mal insurer. Sure, individual docs and healthcare providers can avoid litigation with good communication and bed-side manner, but to get the dramatic reduction in lawsuits and litigation costs it has to be a system-approach. A hospital, medical office, or insurer has to speak with one voice to patients, families, and the legal community and say, "We're doing business differently...when we make a mistake we will apologize, admit fault, and compensate fairly. However, when an adverse event was not the result of negligence we will emphathize and communicate but never settle such cases."
This system approach is what we really need to drive home to the medical and insurance communities, and thanks to the New York State Neurological Institute and Dr. Robert Solomon for raising this important issue with us.
Federation of State Medical Boards
Another group not afraid to hear the Sorry Works! message is the Federation of State Medical Boards. They hosted a Sorry Works! nationwide audio conference call two weeks ago and the call went great. Thanks to Robin Ayers and her staff for a wonderful program!
Progress in New Jersey
While visiting the New York neurosurgeons, Sorry Works! was also able to present to the New Jersey Medical Liability Task Force and the lobbyists for the New Jersey Medical Association and New Jersey Trial Lawyers Association. The presentations were well-received and we have established a beach head in New Jersey - people are interested in Sorry Works! Already we are booked to head back to New Jersey in October to speak before the New Jersey Council of Teaching Hospitals with Dr. Lucian Leape of Harvard, Rick Boothman of Michigan, and patient safety advocate and Sorry Works! board member Dale Ann Micalizzi. Sorry Works! will also make a separate presentation to the New Jersey Medical Society during the October trip. New Jersey is starting to have the same feel as South Carolina, where we continue to make progress (see below).
Liability Update/Donna Baver Rovito
For many folks in Pennsylvania and around the country, Donna Baver Rovito is a tireless advocate for medical liability reform. Her regular newsletters entitled "Liability Update" provide thousands of readers with the latest information from the front lines of the med-mal wars with her pointed commentary. Sorry Works! was honored to be featured in her latest newsletter - see Donna's opening comments below.
From Donna Baver Rovito of Liability Update
"This Special Edition of Liability Update is the first in a series about alternatives to our nation's dysfunctional medical "justice" system. Others will follow, including an upcoming edition about specialized health courts...
Sorry Works! focuses on the "human" aspects of the medical liability crisis and the ongoing quest to improve patient safety and reduce medical errors. Some have suggested that it is too "touchy-feely" to have hard financial or societal impact, but, frankly, "touchy-feely" appeals to me on MANY levels....after all, how many relationships are more intimate than the relationship between a patient and a doctor or nurse? And at what time in a person's life is he or she more vulnerable and "needy" than when he or she is ill or injured? So "touchy-feely" is just FINE with me....
I have spoken with and exchanged email with the founder of this coalition, Doug Wojcieszak, for well over a year now, and have found him to be sincere and committed. The effectiveness of his efforts are evident in the amount of attention the organization has received and the passage of several pieces of legislation based on his program.
Doug has parlayed personal tragedy into a national movement intended to improve the quality of health care for everyone - patients and providers alike. I am impressed with his dedication and his skills, and, while I have included stories about Sorry Works! in previous Liability Updates, I am pleased to dedicate this Update entirely to information and articles about Sorry Works!
I must admit to a SINGLE reservation about Sorry Works! I do not believe it to be a "silver bullet" which will solve the nation's medical liability crisis and ensure access to quality medical care. (No, Doug hasn't claimed it to BE a "silver bullet," but others have....)
I think adoption of many of the components of the Sorry Works! program will HELP, probably a LOT, but I think that other alternatives, including legislation to reduce non-economic damages and exploration of alternatives like health courts, are ALSO necessary to eliminate the root causes of the medical liability crisis and to ensure that we don't experience ANOTHER medical liability crisis in 10 or 15 or 20 years....
The longer I am involved with advocating for medical liability reform, the more I realize that there is not a SINGLE SOLUTION, and that we must all remain open to alternatives and ideas from outside sources, even sources with whom we might initially disagree.
While many of those who oppose medical liability reforms of ANY KIND for purely financial reasons claim that the medical community is rigid in its advocacy of certain solutions, I have found that America's physicians and other healthcare providers are VERY open to alternatives that improve patient care and reduce medical liability premiums. We've all seen and heard claims that physicians are "only interested in caps" or in "taking away peoples' right to sue," but WE KNOW that there are physician and tort reform organizations all over the country which are actively supporting OTHER programs and measures. Hence, the acceptance and success of Sorry Works! and other organizations which advocate for alternatives....
If you're interested in learning more about Sorry Works!, please visit their website or contact Doug directly - he makes himself available and is quite open to frank communication. His passion will touch you - in fact, you'll probably find a lot in common with this dedicated, visionary individual......his personal introduction to this Special Edition of Liability Update follows in Item 2...."
DBR
Thanks, Donna - we appreciate the exposure and kind words.
More Progress in South Carolina
On the heels of passing apology immunity legislation, McLeod Health in Florence, South Carolina invited Sorry Works! to speak before their medical staff in September. We are excited by our progress in South Carolina and believe there is a real swell of interest in the Palmetto State. Let's keep the ball rolling.
Woods & Amori
Sorry Works! board member Dr. Michael Woods has a new website: www.doctorslead.com. Check it out - Mike is doing great work.
Geri Amori, past president of ASHRM is joining the Sorry Works! board. Welcome, Geri!
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