|
|
|
January 25, 2008 NEWSLETTER
Doug Wojcieszak, Founder & Spokesperson
Contact phone/e-mail address: 618-559-8168; doug@sorryworks.net
THIS WEEK'S EDITION:
- Perfect Gift for Doctor's Day: Sorry Works! Book
- Doctors Compound Errors By Not Admitting Mistakes Says Michigan Trial Lawyer
- Should You Attend a Patient's Funeral?
- Update in Bay State, including new disclosure hospital
PERFECT GIFT FOR DOCTOR'S DAY, MARCH 30, 2008: SORRY WORKS! BOOK
Doctor's Day is right around the corner, but, seriously, how many golf balls with your hospital or insurance company logo can you buy for your docs? There must be a better Doctor's Day Gift!
Enter the Sorry Works! book. For just $21.95 per copy you can purchase the new Sorry Works! Book for your docs. And bulk discounts are available too! Call 618-559-8168 or e- mail doug@sorryworks.net to purchase. We accept all major credit cards (Mastercard, Visa, Discover, and American Express) and we will also invoice individuals and institutions upon request.
Give your docs the freedom from fearing lawsuits with a book that is just 103 pages and includes a CME test. "Sorry Works! Disclosure, Apology, and Relationships Prevent Medical Malpractice Claims" is the how-to-manual on disclosure and apology for providers, hospitals, and insurers. Indeed, the Sorry Works! book is the Doctor's Day gift that will keep giving for many years to come.
To see the book's Foreword, Table of Contents, and Author Biographies, click on this link: http://www. sorryworks.net/pdf/SorryWorksForeword.pdf. To see additional information on the book, visit this link: http://www.sorryworks.net/booksoon.phtml
To purchase the perfect Doctor's Day Gift call today at 618-559-8168 or e-mail doug@sorryworks.net to get your copy of the Sorry Works! Book. Thank you!
DOCTORS COMPOUND ERRORS BY NOT ADMITTING MISTAKES SAYS MICHIGAN TRIAL LAWYER
At Sorry Works! we always try to provide all sides of the story and all viewpoints. Below is an interesting article written by a trial lawyer that focuses on the quality/safety aspects of disclosure. Indeed, disclosure can improve safety by increasing learning opportunities post-adverse event (versus shoving things under the rug and never learning).
Of course, a cynical doctor could retort, "Well, we medical professionals would be more than happy to openly discuss errors but we can't because people like this Michigan trial lawyer will pounce on us."
This is an old excuse that Sorry Works! and the disclosure movement has taken away. NOT talking about things...covering up...lying...these are the things that catch the attention of a trial lawyers and spell trouble for a doctor in court. In fact, the "We Can't Talk About Errors Because of Trial Lawyers and Lawsuits Attitude" has unwittingly led to tons of unnecessary litigation! Read the brief column below and share with colleagues and friends.
David Mittleman, Attorney at Law
Firm: Church Kritselis & Wyble, PC
January 18, 2008
No one likes admitting they made a mistake, no matter what it is about. According to a recent study, doctors are just like everyone else in this regard. Except the problem is, when a doctor makes a mistake people can die. Mistakes in medical treatment by doctors are only serious when there is a failure to acknowledge that a mistake was made. This deprives the medical community of an opportunity to correct treatment decisions in the future and learn from the mistake that was made.
The University of Iowa interviewed 338 physicians at thee unidentified teaching hospitals. Seventeen (17) percent of the physicians admitted they failed to report a minor error in medical treatment, while four (4) percent failed to report a mistake that resulted in disability or death. The study then asked the physicians about a hypothetical situation in which a patient with allergies to a specific antibiotic was given the antibiotic by a physician.
Less than half of the doctors, forty-three (43) percent, would have reported the mistake if there were no adverse effect on the patients health. If the patient developed a rash, seventy-three (73) percent would report the mistake. Finally, if the patient had breathing difficulties or had a heart attack, ninety-two (92) percent would report the mistake.
Probably the most interesting and troubling statistic was that only thirty-six (36) percent of doctors surveyed admitted to making a mistake. For anyone who has ever been treated in the hospital or read a newspaper, this figure cannot be accurate. That is not to say that all doctors commit mistakes on a daily basis, but only to point out that doctors are human and they are just as likely to make a mistake as anyone else. There is nothing inherent in being a doctor that would prevent a person from making a mistake.
The attitude by doctors claiming to never make a mistake is troubling. Failing to admit a mistake does not allow the person to learn from the mistake and to correct future decisions based upon what he or she learned. When a doctor has your life in his or her hands, it would be good to know they were not repeating the same medical errors repeatedly. The medical community needs to hold doctors to a higher standard and require mandatory reporting or all errors. This is necessary because doctors can kill people simply by writing one word wrong. Increasing the reporting of errors can help all doctors treat patients correctly and decrease the opportunity for potentially fatal mistakes to be made.
SHOULD YOU ATTEND A PATIENT'S FUNERAL?
After a recent Sorry Works! presentation in South Carolina, Sorry Works! founder Doug Wojcieszak was asked the following question by a doctor in the crowd:
"Can I attend a patient's funeral? I recently had a patient die, I was very close to the patient and his family, and I wanted to go to the memorial service but our attorney said 'no.' What do you think?"
In short, the attorney probably gave bad advice to the doctor. The question and the situation posed speak to the larger issue of empathy vs. true apology (where fault is accepted and compensation is due to the injured party). Make no mistake, empathy is appropriate 100% of the time. What's empathy? Going to a funeral and showing support for the family; giving a hug; holding hands; crying; saying, "I'm so sorry this happened. Is there anything we can do for you or your family." Empathy is a normal human emotion to help and comfort another person, and even though empathy may include the word "sorry" there is no fault accepted or implied. In fact, empathy is NOT apology because no fault or blame is acccepted....it's simply being a decent person.
Empathy should be present in the immediate aftermath of an adverse event and throughout the process, including a funeral. If anything, staying away from a funeral or memorial service after having a close relationship with the patient/family might heighten suspicions.
"You know, mother, we didn't see Dr. Smith at the funeral. In fact, we haven't heard from him or his nurses since dad died. I wonder if he did something to dad that he's ashamed to tell us about. What's the number of that lawyer who called you this morning?"
Empathy is always appropriate, while true apology (accepting fault, compensating) is necessary only in a small subset of cases where an investigation has shown that an error happened. Understand the difference between empathy and apology. Understand the differences in timing when empathy is only needed versus when a true apology is necessary. Don't be in rush to apologize too quickly (before a complete investigation is done) because you can't un-ring the apology bell "Well, our investigation showed we actually didn't kill your mom." Yeah, right, where's my lawyer?
Perhaps the attorney counseling the doctor to skip the funeral did not fully understand the difference between empathy and apology. Also, many lawyers and doctors don't yet understand the powerful positive evidence that can be created with empathy. Remember, a plaintiff's attorney will try to demonize and de- humanize a healthcare professional in court. Empathy shows the doctors/nurses are truly caring people. Also, empathy will help maintain relationships with patients/families after adverse events, which will lessen the chances of a lawsuit being filed in the first place.
Empathy is important. Apology is important too. You need to know the difference between the two concepts and be ready at all times to use them appropriately. The new Sorry Works! book thoroughly explains empathy versus apology and how to use the two concepts in a successful disclosure program. See ordering information above.
UPDATE FROM BAYSTATE, INCLUDING NEW DISCLOSURE HOSPITAL
Below is a news article that recently appeared in Massachusetts which includes an update on apology legislation pending before the General Assembly and also sheds light on a newer disclosure hospital.
Again, as Sorry Works! has discussed many time before in this forum, apology legislation is NOT necessary to have a successful disclosure and apology program. In fact, good defense attorneys should know and counsel their clients that the positive evidence created in a well-run disclosure program can strengthen a case for a provider, hospital, and/or insurance company.
More importantly, the article sheds light on a newer disclosure program at Baystate Health System in Springfield, Massachusetts. Baystate's program was developed with the help of the good people at Medically Induced Trauma Support Services, or MITSS.
Read on and please share with colleagues and friends.
Bills focus on doctor apologies
Monday, January 14, 2008
By MICHAEL McAULIFFE; mmcauliffe@repub.com
While it would seem to be an error, admitting a mistake may actually keep a doctor out of court.
Massachusetts is among 34 states that have some kind of apology law covering physicians, however the Bay State statute provides doctors a shield from liability only for expressing apology or regret for a poor medical outcome - not for also admitting responsibility for what occurred.
Now, proposed legislation would allow physicians to apologize and take responsibility following a mistake without fear that what they say could be used against them in a civil lawsuit.
"If it was an avoidable injury, there ought to be an open, honest apology to the patient," says Dr. Alan C. Woodward, vice chairman of the Massachusetts Medical Society's Committee on Professional Liability. "Right now, physicians live in fear that anything they say will be used against them."
State Sen. Richard T. Moore, D-Uxbridge, co-chairman of the Joint Committee on Health Care Financing, has filed a bill which would establish a Health Apology Pilot Program.
Under the legislation, participating hospitals and doctors "shall promptly acknowledge and apologize for mistakes in patient care and promptly offer fair settlements." The apology will not be admissible in court, and the legislation also states that hospitals shall encourage patients and their families to retain their own lawyers to protect their rights.
The program shall be based on the efforts of the Sorry Works! Coalition in Illinois. Created in 2005, the coalition advocates that a provider should initially offer an apology, without assigning any fault. It also suggests providers take care of food, lodging, counseling and other needs of the patient and family and promise a swift and thorough investigation.
Fault should be admitted if the investigation reveals the doctor made a mistake. The coalition believes there should then be a discussion of fair compensation.
Moore and state Rep. Denise Provost, D-Somerville, have also filed identical bills to ensure that an apology relating to the suffering or death of a patient "which is not the result of intentional misconduct ... shall be inadmissible as evidence of an admission of liability" in a malpractice case.
Timothy M. Hoppe, who is Moore's legislative director, said the senator believes his bills will reduce the number of lawsuits brought against doctors. "They don't have to be afraid of expressing remorse and guilt and (an) apology for something that went wrong," Hoppe said of physicians.
Douglas B. Wojcieszak, who founded Sorry Works! after his brother, James, died during open heart surgery, said there has been the erroneous belief that greed motivates patients and families to sue following a medical mistake. But in almost every instance patients and families go to court because they are angry and feel they have been stonewalled, he said.
They want answers, accountability, and someone to listen to their story, Wojcieszak said. "What motivates... a trial lawyer is a cover-up. Lies. Deceit," he said. "How do you stay angry at someone who's trying to do the right thing?"
The Massachusetts Bar Association has taken no position on the pending bills, though President David W. White Jr. said the association generally opposes any measure that restricts the rights of someone to recover damages.
White also said chances are good the association's house of delegates, which decides the organization's policy positions, will oppose the legislation. "Based upon past history, there's a likelihood this will be opposed," White said.
In Springfield, Baystate Health System created a program about a year ago with the goal of improving communication between doctors and patients. The program includes a partnership with the organization Medically Induced Trauma Support Services.
In cases where there is an adverse outcome Baystate pays for counseling for a patient, family members, doctors and nurses, according to Lynn M. Tenerowicz, director of risk management . In situations where it is determined that a Baystate doctor made a mistake, the patient or family is offered compensation, Tenerowicz said.
Baystate also pays for a lawyer chosen by the patient or family to review the offer, Tenerowicz said. "There haven't been that many situations in which we felt that we had any kind of liability where there would be litigation," she said.
Linda K. Kenney, who founded Medically Induced Trauma Support Services after she nearly died when she went to a Boston hospital for ankle surgery in 1999, praised the Baystate effort.
"Their leadership stepped up and said they're not waiting for laws to be passed," Kenney said. "They're putting their money where their mouth is."
|
|
|
|
