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Instant Download. Description eBook Details Click on the cover image above to read some pages of this book! A Question of Loyalty. Death and Justice. Is That a Fact? Spin, Half-Truths and Outright Myths. The Shearer's Tale A story of murder and injustice in s Australia. Counselor A Life at the Edge of History. In such instances, the cases should have been reviewed by outside experts…the caliber of experts any personal injury lawyer would use to evaluate the case. And we know that the patient or family may never believe your client when they say the event was not caused by error, but if personal injury is in tow and she is seeing a believable review process then the case is going nowhere.
In addition to outside experts , the credibility of the review can be further enhanced by interviewing the patient or family.
Sometimes patients and families have lots of useful information to share — you and your client just need to ask! At the minimum, interviewing a patient or family is an incredibly empathetic act which can defuse many complaints. At the time I was writing this article, I was bouncing back and forth between this piece and on-line debate with some claims analysts. As you work through disclosure with your clients, simply try to think of disclosure as an accelerated claims process.
Doug Wojcieszak (Author of Sorry Works!)
You empathize, you do a credible review, and if the review shows a mistake happened, your client needs to apologize. Now, with disclosure, cases can usually be settled for less dollars and in a quicker time frame meaning lower transactions costs , but your client has to make a fair offer.
Again, coming back to the credibility issue for disclosure programs, the offers have to be fair and reasonable or word will get around that your client is taking advantage of vulnerable people with phony apologies and puny offers. If a mistake is proven with damages, you have to help your client honestly assess the needs of the patient or family. Everything should be considered.
However, remind your clients that when disclosure mitigates and removes the anger, you have a golden opportunity to discuss the. Examples of emotional needs? Addressing emotional needs can not only be beneficial to patients and families, but also doctors and nurses that yearn for closure following medical errors. Time to lower the temperature and reduce the animosity. Take them to lunch, grab a drink, go to a ball game, or whatever. Tell them cases involving legitimate medical errors will be handled quickly and fairly, and patients and families are always allowed to be represented by counsel.
Moreover, welcome their inquiries and always offer an open door. If they ever have a question about case, encourage them to call or e-mail. However, also communicate that adverse events with no errors will not receive compensation and defended all the way to jury verdict if necessary. In Massachusetts, for example, a state-wide effort for disclosure after medical errors has seen the medical society, hospital association, and bar association join forces.
No kidding! It can happen elsewhere too. Take advantage of this opportunity. All stakeholders need to be educated about disclosure and apology, including patients and families. But more needs to be done. Over the last few years I have had more and more interactions with patients and families who suffered adverse events, and I am amazed how many of these people including well-educated people have no idea what to do after something goes wrong, let alone what disclosure and apology can mean for them. In fact, sometimes patients and families run away just like doctors and nurses do post-event.
The website is www. MACRMI provides information and resources to patients and families who have suffered adverse medical events, and what disclosure and apology can mean for them. There is a lot of information for patients and family on how the process works and what they can expect. At Sorry Works! More educational work needs to be done. Patients and families need to be educated just as much as any other stakeholders in the medical malpractice issue.
At the beginning of this article I shared the story of how my Father was shocked that I was writing a book about disclosure and apology with two medical defense attorneys. Many of the naysayers have been an actual defense lawyers…but some of the biggest supporters of disclosure are defense lawyers! Look, disclosure is the new reality.
Yes, there are defense lawyers who are not comfortable with disclosure because a they feel they like are losing control of their clients and the situation pull back those reins! I tell hospitals and insurers to try to educate these lawyers and bring them around, or cut them loose. Supportive defense lawyers tell us helping their clients embrace disclosure dramatically expands and improves relationships with their healthcare clients.
Looks, there will always be money to be made litigating…disclosure simply offers a new way to generate revenue that your clients will feel better about.
You may not be getting all you can out of your browsing experience and may be open to security risks! What's the Solution? Oregon Language Draft legislation for apology immunity before state licensure boards Sign the Petition Today! Join The Team! Pulling back the reins is no longer an option post-event. We apologize only after a comprehensive review has proven a mistake. No problem here! By personalizing a statement, your client shows a family or a patient they are not a number, which further helps in recovering the relationship.
Simply say you are sorry this happened and take care of immediate needs. Not good.