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March 18, 2008 NEWSLETTER
Doug Wojcieszak, Founder & Spokesperson
Contact phone/e-mail address: 618-559-8168; doug@sorryworks.net
THIS WEEK'S EDITION:
- Re-insurers and Sorry Works!
- Sorry Works! Presentations
- Disclosure: What Do You Put in the Chart?
- Sorry Works! Book - thousands of copies sold in just two months!
RE-INSURERS AND SORRY WORKS!
A recent phone call with a Sorry Works! friend in Wisconsin revealed an ongoing concern about disclosure and apology and re-insurance. The Badger State has a system whereby physicians are required to carry $1 million/$3 million coverage, and the state government's victims' compensation fund covers any damages over those limits. The state's victims' compensation fund is the apparent stumbling block to disclosure and apology. If a physician and/or hospital says "sorry" and negotiates compensation for a patient/family will the state compensation fund balk? Will coverage be denied? What will the state bureaucrats think about disclosure?
The Wisconsin med-mal compensation fund appears to be acting as a form of re-insurance, whereby doctors and hospitals are responsible for a set amount of damages, and the fund picks up payment for any damages over the limits. So, how does disclosure and apology work with re-insurers? What do re-insurers think about apology and disclosure? How will they react to their clients saying "sorry" and offering upfront compensation to injured patients and grieving families? Ask them!
Phrase the question this way: If our hospital/physicians could develop a program in which we would reduce the frequency and severity of claims would you be interested in partnering with us? Also, if this program could dramatically improve patient safety, thereby further reducing frequency and severity, would you be interested in partnering with us? If they say "no," time to find a new re-insurer. But most re-insurers will enthusiastically say "YES!"
Many re-insurers are closely studying the disclosure and apology movement with great interest. In fact, staff members from several major re-insurers read this newsletter on a regular basis. Many have bought copies of the Sorry Works! Book: http://www.sorryworks.net/booksoon.phtml However, like most folks in the med-mal business, re-insurers are in their silo thinking they are the only folks who will support disclosure. "Doctors are too arrogant to say 'sorry,' and hospital administrators are too busy lobbying the politicians for liability relief to be interested in disclosure," think the re-insurers.
So, if you work in a hospital or medical practice, pick up the phone and call your re-insurer. Explain your interest in Sorry Works! and tell them you want to work together on developing a disclosure and apology program that will benefit all parties, most importantly patients and families. Make the phone call or send an e-mail today!
SORRY WORKS! PRESENTATIONS
Sorry Works! has been very busy over the past couple of weeks, and the pace will continue for the rest of the Spring. Sorry Works! Founder Doug Wojcieszak spoke at a major hospital system in Chicago last week, and also spoke at the Chicago Patient Safety Forum and held a book signing at the forum meeting too.
Wojcieszak and co-author Jim Saxton of the Sorry Works! Book spoke on a conference call hosted by AON Risk Services for several major hospitals last week.
Over the next month, Sorry Works! will be heard at a major hospital in Florida, a disclosure forum held by the University of Texas Law School in Austin, TX (April 4th), the Delaware Society for Healthcare Quality (April 11th), and a major hospital in Northern Illinois. Also, another major conference call is in the works for May - stay tuned for details.
Very busy, but there is still room on the calendar if your organization desires a Sorry Works! presentation. Simply call 618- 559-8168 or e-mail doug@sorryworks.net. Thank you!
DISCLOSURE: WHAT DO YOU PUT IN THE CHART?
At the Chicago Patient Safety Forum meeting last week, Doug Wojcieszak and his co-presenter, med-mal plaintiff's attorney Al Schwartz, were presented with the following question:
"What do you put in the chart after disclosure?"
Schwart'z first reaction was don't alter or distort the chart. Wojcieszak's first reaction was don't speculate either ("I think we committed malpractice.") As Wojcieszak and Schwartz worked through the question consensus was reached which any risk manager or defense attorney will agree with: Accurately document the disclosure conversations with the patients and family. Include notes and information on all follow up conversations, phone calls, and e-mails. Remember, disclosure is all about being credible, honest, pro-active, and open - so look like it. Wojcieszak stressed the importance of developing a robust disclosure program to help make sure charting is done right. Schwartz, the med-mal plaintiff's attorney, closed with a very interesting comment in which he said an honest, open medical professional who has accurately documented the chart is a "scary" witness for him. This type of witness is very hard for him to approach in the courtroom. Remember, plaintiff's attorney like to stir the waters, and nothing does that better than a poorly documented chart, missing notes, something that been changed which can be spun as a cover up, etc. As always, do the right thing!
SORRY WORKS! BOOK - THOUSANDS OF COPIES SOLD IN JUST TWO MONTHS!
The Sorry Works! Book has sold thousands of copies in the first two months of circulation. Read below to see what your colleagues are saying about this new book and visit this link http://www.sorryworks.net/booksoon.phtml to order your copy today. There is still time to order your Sorry Works! Books for Doctor's Day (March 30th, 2008). Inquire to doug@sorryworks.net or call 618-559-8168 for bulk pricing.
- The Michigan Society of Healthcare Risk Managers bought a copy of the Sorry Works! Book for every one of their members and had this to say: "We felt this book would make an excellent resource for our members and assist them in promoting and teaching disclosure and apology of medical errors in their institution." Margaret Curtin, President, Michigan ASHRM
- "For the first time, the authors have clarified the difference between empathy and apology, which will help everyone to move forward with this important concept that can improve patient safety and reduce liability risk," Pat Sedlak, Director, Aon Risk Services
"The authors truly dispel the myths associated with disclosure and apology, enabling providers to get past the barriers and get to strengthening the physician-patient relationship - a better result for everyone occurs when providers show they care in the right way!" Neil Hutcher, MD, Bariatric Surgeon, Past President of the American Society of Metabolic and Bariatric Surgery
- "The Sorry Works! book is wonderful, and just what I needed for my organization! It is concise, informative, and very sensible. It should be required reading for any group considering development of a Disclosure policy and for those training to become champions for their organization." Rhonda L. McGlothlin, Director, Risk Management & Insurance Operations, Centra Health, Inc.
- "Every hospital risk manager should read this simple and profound book. It makes the case that expressing empathy and sympathy to patients and accepting responsibility, when appropriate, is kind, humane, and liberating." Brian J. Teusink, Senior Vice President, PHT Services.
- "This is the 'how-to' manual for providers who want to reconnect with patients and families after adverse medical events." Ilene Corina, President, PULSE of NY
- "Without a doubt, this is the best book on the topic of disclosure and apology. As a mediator and arbitrator, the Sorry Works! Book is straight forward, practical, and very useful text that is easy to read and enjoyable. I highly recommend to anyone who is concerned about medical liability." James McGuire, mediator and arbitrator.
- "Everyone committed to patient safety and transparency needs this book. It is a treasure trove of practical advice on how to effectively collaborate with patients and family members." Patrice L. Spath, Brown-Spath & Associates, Editor/Author of "Partnering with Patients to Reduce Medical Errors"
"This book is as important as it is concise and readable. Health professionals will find a host of extremely useful distinctions and insights along with valuable recommendations. Above all, this book epitomizes a patient-centered approach to discussing adverse events - whether caused by error or not – with patient and their families." John Banja, PhD, Medical Ethicist, Emory University
- "The new book is super and should be required reading for health care professionals as well as any student going into in a health care field. The chapters provide much practical, useful information." Bob Cisneros, PhD, Campbell University School of Pharmacy
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!
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