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March 5, 2009 NEWSLETTER
Doug Wojcieszak, Founder & Spokesperson
Contact phone/e-mail address: 618-559-8168; doug@sorryworks.net
THIS WEEK'S EDITION:
SORRY WORKS! EDITORIAL: POSITIVE CHALLENGES FOR TORT REFORMERS: DISCLOSURE, QUALITY, AND CUSTOMER SERVICE TECHNIQUES
TEACHING AND IMPLEMENTING DISCLOSURE
QUESTIONS FROM THE ROAD
SORRY WORKS! BOOK FOR DOCTORS' DAY - MARCH 30TH
SORRY WORKS! EDITORIAL: POSITIVE CHALLENGES FOR TORT REFORMERS: DISCLOSURE, QUALITY, AND CUSTOMER SERVICE TECHNIQUES
The political landscape has changed dramatically in the United States over the last six months. Not just a change in politics from Republican to Democrat, but also a change in priorities with the global economic meltdown. The national and state tort reform groups that have championed lawsuit reform measures during the Bush era truly have no chance of passing anything substantive in the foreseeable future, and, in many cases, they are playing defense to hold on to past "gains." But sometimes the best defense is a good offense - and we will argue for such a thing in this editorial.
Visit the websites of any national tort reform group like the American Tort Reform Association (www.atra.org) or American Justice Partnership, or state-wide groups such as the Illinois Civil Justice League (www.icjl.org), and there is not one bit of information about patient safety, disclosure, customer service, or related issues. These groups have literally fought for decades to protect physicians from lawsuits, but nothing about quality or relationship issues as a way to reduce or avoid litigation. In fact, the American Tort Reform Association was started by the American Medical Association, and many other national and state tort reform groups enjoy vast financial and grassroots support from medical societies and med-mal insurers. Yet, despite the heavy physician involvement and support, these groups are not educating and advocating for physicians to embrace initiatives like patient safety, disclosure, and customer service techniques that will immediately, dramatically, and permanently reduce lawsuits against providers. Talk about not fully servicing their doctor customers!
This is a shame, because love or hate them, tort reform groups are widespread across the country, have a fantastic infrastructure, have lots of money, and have lots & lots of credibility among providers. So, in this time when most tort reform groups are simply scraping to hold onto political "gains," these organizations with their massive infrastructure and deep credibility in the medical community should say the following to their doctor supporters: "In the current political environment, our ability to pass meaningful reform legislation is virtually non-existent, and we are fighting to hold on to past reforms, but this does not mean that the medical community cannot take control of its liability problems and actually reduce litigation and associated expenses, even in this political climate. There are new ways to keep the patient on the same side of the table as you - even when something goes wrong - and avoid the need to see a lawyer. Patient safety initiatives are numerous and well-known, but now disclosure and associated customer service techniques are also proven to immediately and permanently reduce lawsuits. The medical community has generously supported the tort reform movement through the years, and now we want to support and help you with disclosure and other initiatives that can improve your liability situation, no matter the politics of the nation. We will use our infrastructure to help spread the word about disclosure, customer service techniques, and quality improvement issues, and educate you and your colleagues about these initiatives so you can take full advantage of them."
How about it, tort reformers? Time to help the docs who have so generously supported you through the years.
TEACHING & IMPLEMENTING DISCLOSURE
How do you implement a disclosure program and how do you teach disclosure & apology to your staff are hot questions in healthcare today. The Sorry Works! Coalition and Stevens & Lee are proud to offer an audio conference "case study" which will provide listeners with insights into how the University of Illinois Medical Center launched a disclosure program and how they train their staff, residents, and students on disclosure & apology.
The disclosure & apology program at the University of Illinois Medical Center has been operating successfully in the tough litigation venue of Cook County, and their successes have been featured recently in the New York Times, Chicago Tribune, and many other prominent popular and trade publications. In fact, the UI's disclosure program has become a model for other hospitals and insurers to follow and the program's leaders are sought-after speakers. Now you can hear them live in your own office or conference room. Join the audio conference to learn how UI leaders launched their program and hear about the successes they are experiencing. Also, listen in to hear how they train staff, residents, and students on disclosure and apology principles. Indeed, this is a "can't miss" audio conference for all parts of the medical/hospital community, including medical school faculty and personnel.
The speakers for the event include Dr. Tim McDonald, MD, JD, Chief Safety and Risk Officer for Health Affairs at the University of Illinois, and Dr. David Mayer, MD, associate dean for curriculum, director of cardiothoracic anesthesiology, and co-director of the Institute for Patient Safety Excellence (IPSE) at the UIC College of Medicine. CME credits will be provided for attendees of the conference.
You can access registration form by clicking on this link: http://www.sorryworks.net/pdf/audiosw2.pdf.
Thank you and we look forward to you joining us April 9 at 1pm EST. For more information, call 618-559-8168 or e-mail doug@sorryworks.net.
QUESTIONS FROM THE ROAD
This week we continue our column of questions we received from Sorry Works! presentations. Last week Sorry Works! was in Oklahoma and spoke to defense counsel and insurance industry executives - great crowds and we appreciated the interest & enthusiasm for Sorry Works! Below is an important question from an Oklahoma defense attorney:
Question:"As a defense attorney, I've always counseled my physician clients that if a patient who is suing them schedules an appointment or visit, to cancel that appointment immediately and make a referral to another provider. Good idea, right?"
Answer:Bad idea, wrong! Remember, Sorry Works! and disclosure is all about maintaining and strengthening patient/provider relationships, especially after something goes wrong. The patient/provider relationship needs to be a guiding light in all of our thinking going forward, not lawyers, litigation, and the courts.
If a patient wants to visit their physician even after litigation has been initiated, this is actually a good thing. Remember, by focusing on the provider/patient relationship and fostering that relationship with proactive, problem solving techniques we call Sorry Works, we can a)reduce the anger felt by most patients and families and thus reduce the need for litigation in most cases; and b) settle legitimate claims quickly and fairly for all sides. However, as we've often said in this forum, Sorry Works! will not stop all lawsuits. Sometimes good people have honest differences about the standard of care and/or the value of a case, and, unfortunately, there are some unreasonable patients and attorneys out there too - just like there are some lousy providers too!! There will be instances where a case moves forward to litigation, however, it doesn't necessarily mean Sorry Works! has failed. Quite the contrary, Sorry Works! - at the minimum - will create a mountain of good evidence for the defense by showing a caring, empathetic provider who always tried to do the right thing. Also, the so-called plus factors will be removed.
To the question at hand, litigation is pending, but the litigant patient calls for an appointment with the doctor. Take the appointment and do a good job! Provide excellent care and also empathize about the situation that led to the litigation: "I'm sorry we're having a dispute over previous care, but today I'm focused on your current situation and my staff and I will provide the best possible care." Such empathy may reduce the anger and continued drive for litigation. It may lead to a quicker, fairer resolution of the pending litigation. At the minimum, it will provide great evidence for the defense: "Ladies and gentlemen of the jury, the plaintiff claims my client did XYZ to them, but if the care was sooooooooooooo horrible, why did the plaintiff see my client again six months later?" Case dismissed!
SORRY WORKS! BOOKS FOR DOCTORS' DAY (MARCH 30TH)
Doctors' Day - March 30th - is fast approaching, and even in this tough economy you need to show appreciation to your hardworking doctors. The Sorry Works! Book priced at just $24.99 per copy makes the perfect gift, and bulk discounts for large orders are available.
Disclosure is one of the hottest and most important topics for providers. The Sorry Works! Book is the "how to" manual on disclosure, covering all the important topics including empathy vs. true apology, how to establish a disclosure program, apologizing to patients and families, and confronting the typical challenges faced when implementing disclosure. However, the book is just 103 pages, so it's a quick, easy read for even the busiest physician.
To order your copy today, visit this link: http://www.sorryworks.net/booksoon.phtml. For bulk order pricing, call 618-559-8168 or e-mail doug@sorryworks.net.
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