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One of the unique qualities about Sorry Works! - we think - is that this forum doesn't get caught up in the silly politics of med-mal and instead focuses on telling the truth and calling it straight. One of the ways we deliver on this objective is by telling or sharing all sides of a story or issue. Take, for example, defense attorneys. We've had some hard words and stories about defense attorneys this year. For example, earlier this year when reporting on the University of Illinois' disclosure program we shared the story of how 12 or 16 defense firms would counsel deny and defend after cutting off the wrong leg, and one firm even suggested altering the records to make it look like the other leg needed to be removed anyway. Indeed, some defense firms are reluctant to encourage disclosure because they think it may impact their fees. Defense attorneys need to realize disclosure done right can increase the amount of good evidence which can help them do their job. Also, transitioning from deny and defend to disclosure creates opportunities for defense counsel to become more proactive in risk and quality improvement issues with their clients - which can be a revenue generator. Defense attorneys - in general - have a long way to go with disclosure and apology, and much education is needed within law firms and law schools to change hearts and minds.
However, as providers, hospitals, and insurers work with defense counsel to change their hearts and minds, they need to look within as well. Consider the following Question and Answer column below written by James W. Saxton, defense attorney of Stevens & Lee.
As many of you know, Sorry Works! has a partnership with Stevens & Lee, including a book entitled Sorry Works! To learn more about the book, visit this link:
"http://www.sorryworks.net/booksoon.phtml"
In short, Saxton's column below suggests that providers need to better value the relationship with their defense counsel. When you find a good defense firm....one that will argue cases on damages only for your disclosure program, treat them as professionals and give them the tools and latitude to do their job. Don't short change them or make them feel under appreciated. Yes, watch your pennies, but don't be so focused on hording pennies you lose dollars...and valuable relationships! Read below and please forward to colleagues and friends.
Ways to keep a lasting relationship with your practice's law firm
Healthcare Risk Management Institute
Liability Reduction Connection
by James W. Saxton, Attorney at Law, Stevens & Lee
December 14, 2007
Dear Jim:
We received a letter from our defense firm indicating that the lawyers will now accept referrals on any plaintiff's medical malpractice cases. In other words, they are jumping to the other side. Is it unusual for this to happen? Is this anything we should be concerned about?
Leslie Stuart
Risk Manager
Tampa, FL
Dear Leslie:
This is a very unfortunate, reoccurring theme that is happening not only in your area, but across the country. There are certain legal protections that you and your counsel can follow. Send a strong letter to your prior counsel concerning the fact that they should not be using confidential information against you that they obtained from your representation.
The bigger issue, perhaps, is why this is happening. Some of the reasons lawyers choose to work on the plaintiffs' side may be economic and due to recruitment issues, among others. These lawyers feel that as hard as they work, ultimately the dividends do not match their efforts.
Several colleagues said they truly felt that their efforts were not appreciated. One described an episode where he was able to obtain a dismissal of a very significant case on a motion for summary judgment. The savings would be in the range of hundreds of thousands of dollars. Yet, he was very dismayed when the bill came back from the provider indicating that several of the researched areas for the case were deemed excessive, and a portion of the bill was going to be struck.
My colleague told me it was not the fact that the bill amount was reduced (it was less than a few hundred dollars), it was the fact that instead of the client showing appreciation for his creativity, hard work, and success, all he and his firm received was a metaphorical slap in the face.
The best results come from the entire team working together: the lawyer, insurer, and the insured. Best practice is to create a solid relationship and compensate appropriately the lawyers with the best track records.
I am sorry that you lost your counsel. But you need to protect your confidential information and make sure that this conflict does not arise again. Be sure the next law firm that represents you is committed and experienced, and do what is necessary to maintain a long-term relationship.
Sincerely,
James W. Saxton, Esq.
Stevens& Lee
Lancaster, PA
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