Two days ago (May 19th) Sorry Works! shared the story of Dale Ann Micalizzi and her yearning for an apology from the hospital where her son died 12 years after his death.  In asking permission from Dale to share her story with Sorry Works’ readers, Dale sent me a separate post from her blog entitled, “The Letter that took me ten years to write.”  Dale said this letter “has been shared with thousands of attorneys and seems to have made an impact.”  Hopefully more many attorneys along with healthcare and insurance professionals will read this letter today.  See below.

Sincerely,

- Doug

***********************************************

The Letter that took me ten years to write…

September 11, 2011

Dear Anesthesiologist, Orthopedic Surgeons and Hospital CEO: (names removed from this post)

You may remember our youngest child, Justin. He was eleven. You cared for him ten years ago. He presented to you on Jan. 15, 2001 for an incision and drainage of a septic ankle.

We believe that the surgery was performed (primarily by the orthopedic resident) during which time Justin experienced a series of cardiac arrests accompanied by a pulmonary hemorrhage from the endotrachael tube. He was transported to the PICU at another facility (name removed from post) in grave condition and died that next morning after being removed from life support with no hope of survival. His brother and sister were asked by the chaplains to be present to say good bye. Being teenagers at the time, this was a life changing and difficult journey for them and his entire family, friends and community. Traumatic, unexpected loss and grief are the most unbearable.

Upon our arrival home, the coroner’s office called stating that “something was not right” and that we should seek an attorney.

With the help of a cardiothoracic surgeon, we retained an attorney to help us find answers. Litigation was chosen because the multiple attempts to speak with you honestly about the care that our son received from you was not taken seriously. The silence was deafening. Although, deaths may be a common occurrence for physicians, they are not for parents. Children are more than blood and bones. If you have children, you are aware of this. Parents need more than a simple answer of “we have no idea” when their child dies. The better option for all of you in the future may be to tell parents, “We have no idea what happened but we will do everything in our power to find out.”

You may remember the depositions. We attended all of those meetings and listened carefully to your words as we remembered every detail prior to the OR. You may not know that I was also questioned for approximately 7 hours about the care of my son leading up to this event. I must tell you that although my attorney said that a mother has never been more prepared and caring, that I found that experience to be cruel and inhumane. I did nothing wrong and I loved my son more than words can explain. As I learned from my visit to professors at a NY Law School, questioning the parent to such an extent was simply a tactic, albeit inhumane, to have the case dropped.

Listening to your heart instead of your attorney’s jargon may have been a better option for all of us. I refuse to believe that physicians are lacking, to this degree, in humanity which is why I continue to work with them. It is difficult to face a parent after a child dies in your care but it is a responsibility that comes with the territory.

I have worked tirelessly for the past ten years trying to promote pediatric patient safety and transparency in medicine. On this quest, I have had the pleasure of working with some of the most brilliant of national healthcare leaders and many anesthesiologists and surgeons. Because of these connections, I am allowed behind the scenes of healthcare that most parents or patients would never see. They trust me.

I received a call from one of these physicians recently; nine years, nine months and four days after our son’s death. He said that a colleague of one of yours stated that he couldn’t live with himself any longer knowing that I was still searching for the truth. He went on to say that all of you, and your attorneys, knew from the beginning that Justin was overdosed on Phenylephrine. He said that the physician had reached for the wrong medication in error and used it in overdose proportions.  I shared this new information with all of the physicians that have helped me over the years. Learning from the event is important to me. My child did not die in vain.

A newly released IHI whitepaper that I’ve assisted with, “Respectful Management of Serious Clinical Adverse Events” may be beneficial to your practice. You can find the document on their website. I have also co-authored a published article in Peds Anesthesia, “What happens when things go wrong?” and also a paper with Marie Bismark MD, JD, “The power of Apology.” I’ve assisted with another article for closed claims, “Physician Communication Skills Decrease Malpractice Claims” and have written for a Joint Commission book on compassion in healthcare, along with several others projects.

I have presented at Yale to third year Medical Residents, NRC Picker, IHI, Loma Linda University, NJ Council of Teaching/Children’s Hospitals, LA County Health Dept., Health Management Associates, and many other healthcare organizations, nationally. I am co-chair for the IHI forum this year where my foundation has provided ten scholarships for health caregivers working with under served pediatric populations. You may donate to my work if you chose to. The link is below.

Although this physician informant’s information was troubling, it was also healing. You see, parents blame themselves when something happens to their child. It was our duty to keep him safe. You may not understand this but I could literally feel the burden of the unknown melting from my shoulders even though I have yet to hear the rest of the story. Justin was our child and I am grateful to the physician who finally had the courage to tell me a bit of the truth.

Forgiving you for withholding this information from me and my family has been difficult. I will never forget the events of that day or following, but I am getting closer to accepting the truth as an error or an accident that was poorly handled. I never believed that anyone meant to harm Justin.

My hope would be that fear of litigation will not prompt you to repeat these poor choices if tragedy should strike another family in your care. Your patients deserve better. We trusted you to tell the truth and to do your best. Perhaps, someday you will be able to share Justin’s story with your students so that they can learn from your mistakes and another child’s life can be saved.

Most Sincerely,

Dale Ann Micalizzi

Founder/Director

Justin’s HOPE at The Task Force for Global Health

http://www.taskforce.org/our-work/projects/justins-hope micalizzidag@aol.com

*************************************************************************

On Monday of last week (May 13th), Sorry Works! invited Leilani Schweitzer to tell her story of disclosure after the death of her son to medical errors and how she now works with the hospital (Stanford Medical Center) on disclosure cases.   Very moving story.

Well, as a contrast, I am sharing below a blog post written by another mother, Dale Ann Micalizzi, and how she is still waiting for an apology 12 years after the death of her son.  Also very moving story.  Many of you know Dale — she is a very powerful and effective patient safety advocate.

See below for Dale’s words, and as you read Dale’s words and compare them with Leilani’s words ask yourself a couple simple questions: “How should our hospital, medical practice, or nursing home respond to adverse medical events?   Have we trained our staff how to respond to adverse medical events, and do we have a program that allows us to be pro-active and act with integrity post-event?”

Sincerely,

**********************************************************

Is there Humanity in Medicine? By Dale Ann Micalizzi

There was a message on our answering machine when my husband arrived home for lunch break. He looked at the caller ID and immediately called me at work. He said that it was from the involved hospital and he didn’t listen to the call as he wanted me to hear it first. I called my daughter and told a few close colleagues. I was going to live in the moment for awhile. Could it be that they were changing heart?

The thoughts came barreling back with hesitance and gusto. WHAT DID THEY WANT?  Were they going to sue me for telling Justin’s story (many families carry umbrella insurance policies for this reason) or were they going to finally come clean over 12 years later? Leaving someone in limbo after an adverse medical event should be criminal. They finally wanted to make amends, we thought. They were ashamed and they wanted to make things right.

I had just finished writing commentary for a healthcare leader’s new book explaining that I was still waiting for this moment of compassion.

Wonder if they wanted to know, after all of these years, what could possibly help us close a bit and continue on with a better feeling about humanity in medicine. Would I invite them to our home for coffee and cake? What should I serve them? Hmmm

Would I invite the kids to the meeting? What would my husband tell them? He was excited, too. He said that he would attend as long as the CEO, who we had dealt with in the past, had left, and he had.

I think that I would show them Justin’s bedroom, somewhat still in tact. Would I ask them to clean it? Would I explain how he received the shelf full of trophies for BMX racing, bowling and basketball? Would I show them the signed memorabilia from his favorite sports teams or would I just walk them in and say, it’s been too sad to go through the school papers and projects and simply walk out. That was personal. I will do it when and if I’m ready.

I wondered if they would name a playroom after Justin or a patient safety program focusing on my work. Do they even know what I’ve done? They would help me save children’s lives.

My friend had surgery at that hospital a few weeks prior and was afraid to tell me “where” she was having the procedure but finally did with tears in her eyes and her head down. She wrote a letter to the hospital when she returned home about my work and why she was hesitant to tell me where her surgeon was doing the surgery. I thought that this note to the CEO had inspired them to finally call with an intention to make amends….and apologize. If anyone could make them become human, she could.

As an attorney stated at a conference where we presented together recently, “They will NEVER contact you, Dale.”  I couldn’t speak for the rest of the talk as she had crushed my hope and told the room full of health caregivers that that’s the way it is. If you permit, you promote and she was promoting secrecy, and I wasn’t going to be a part of that. So, I thought, HA!! They did contact me and they really do care. You were wrong!

When I shared this new development with friends, they simply stated that they thought that the hospital wanted to forget that Justin or I ever existed. They are heartless and archaic in their views of patient and family centered care, was their take. What ignited their integrity, finally? It could be nothing, I told them.

As we have all learned, everyone is not nice.

Well, I returned home thinking about it all day and gently pushed the button on the answering mhine. I closed my eyes and took a deep breath.

This could be a healing moment or another roller coaster ride of emotions. I had hope.

It was my husband’s friend thinking that he had had a heart attack……he didn’t. He just wanted to talk while he was waiting. He is a hospital frequent flyer and never thought that it would be upsetting to us to see the location of his call. He could have used his cell.

So, my bubble burst again. The attorney and my friends were right. False alarm…. noheart but a good lesson in preparedness. The old pain is alive and well buried deep inside and easily uncovered always still waiting for a cure.

Why do we still have forgiveness in our hearts that we want to convey to this hospital that “cared” for Justin when they finally tell us the truth? What keeps us humane and keeps them evil? Why do we still wait with a very slight glimmer of hope?

A hospital is merely a building with brick walls and there are some new people there that want to look forward and are not worried about what happened 12 years ago. They don’t want to learn from the past failures. It wasn’t their child.

I recently watched a YouTube video of Leilani Schweitzer speaking at a TED Conference.   Leialni lost her son to medical errors at Children’s Hospital at Stanford University.  In her video, Leilani described the death of her son, what disclosure meant to her, and how she is currently consulting with Stanford on disclosure cases.  My immediate response, “Wow, Leilani totally gets it….she is one of those rare people who understands how medical errors impact all stakeholders, including caregivers, and what disclosure can do for everyone.”  So, I invited Leilani to pen a piece for us, and it can be found directly below.  Please share this powerful essay with colleagues and friends.

Best,

- Doug

By Leilani Schweitzer

Almost nine years ago my son, Gabriel, died at the Children’s Hospital at Stanford University after a series of medical errors. Almost two years ago, I started consulting work with the Risk Management team at Stanford. Using my own experience with medical errors, I attempt to navigate between the often black and white legal and administrative sides of medical error and complication; and the grey, emotional side of the patient’s and family’s experience.

When explaining my work at Stanford I have heard, “So, you are trying to avoid lawsuits.” Often the phrase is accompanied by a dismissive expression and tone. I reply, “You are right.” But avoiding lawsuits does not equal dodging responsibility or denying consequences. It is about recognizing the short and long term needs of everyone involved— patients, families, care givers and administrators. Medical errors impact all of us. By being open, honest and deliberate, we can keep bad situations from getting worse.

My work with Risk Management at Stanford has shown me the “other side of disclosure,” some may say the “Dark Side.” But what I have found are wise, thoughtful, compassionate people faced with complex, often heart breaking challenges. None of the work they do is simple or without consequence, and they are keenly aware of that responsibility.

Of the cases I have seen handled by Stanford, the most challenging and frequent— are the ones where complications happened but not because of negligence or human error. In these cases, an extensive investigation reveals there was no error, no system failure; there is no one to blame. These are the situations that illustrate the risks that are inherently part of health care— the truth that nothing goes 100% right 100% of the time. Often, these are the cases that patients and families struggle the most to understand, and may result in claims. These claims have no merit and will bring patients and families no satisfaction. Unfortunately, no amount of transparency and compassion is enough to help them.

In working with Stanford, I often consider what might have been. What would my life be like if Gabriel had died at another hospital? What if the hospital had responded typically — with deny and defend? What if getting answers and explanations about Gabriel’s death had required lawsuits and court dates? The past eight years would have required reliving and dwelling on an exceedingly painful event. I would not be taking what I learned from Gabriel’s death and using it to help other people, I doubt I would be any help to anyone. Yes, I am for avoiding lawsuits, and for taking responsibility.

It is, of course, challenging to find even a tarnished silver lining in a child’s death. But Gabriel dying at Stanford eventually became a glimmer of brightness. The disclosure and collaboration they presented to me eight years ago was radical at the time and sadly, in most places still is. But we can’t wait any longer for disclosure and apology to become mainstream. We also need to accept that medical care, by its very nature is risky, and that complications can and do happen. Often those complications are the fault of no one, but happen because medical care often deals with complex uncertainties, and like life— comes with no guarantee. But we know, sometimes mistakes do happen. And when they do, errors present not only disaster, but also opportunity and obligation. By being open and transparent after medical mistakes we can work to prevent them from happening again, making all of us safer. By being compassionate and truthful, we can be our highest selves— to treat others the way we all want to be treated.

I only work on the very edges of healthcare— so I can only imagine— it feels good to face risk and be the hero: to remove a tumor, to master the latest technology, to save a life. But it is just as challenging, and requires as much bravery, to be the anti-hero— to be the one who makes a mistake, the one who owns up and admits to an error, then works to make a change. Hospitals, care givers and all of us, should be judged not only by our great successes, but also by how we respond to our failures. Life is full of complexity and mystery. How we navigate this truth and how we treat each is what can give our lives richness and consequence.

*****************

To watch Leilani’s YouTube video, click on this link.  It’s powerful!

A St. Louis hospital publicly apologized yesterday for a wrong-side surgery that happened on April 4, 2013.  Fifty-three old Regina Turner suffered from mini-strokes and was scheduled for a “left-sided craniotomy bypass” to prevent future strokes, but, instead she received a “right-sided craniotomy surgical procedure.”  The surgical team performed the correct procedure six days later, but, according to Turner’s attorney, the damage was done.  Ms. Turner allegedly requires around the clock care and can no longer speak intelligibly with no hope of recovery.

In the court filings, the PI attorney named the doctor only by his initials “A.L.,” and later told the media he wasn’t trying to single out the doctor, that the doctor didn’t hide his actions, and probably felt horrible about the situation.

But still the lawsuit was filed…and the sensational media story followed this past Tuesday, April 30th.  ”A.L” is Dr. Armond Levy, a neurosurgeon who is employed by SSM healthcare.  Read this story…very bad for Dr. Levy and the hospital.  The story is full of the typical defense-minded responses of no comment, can’t say what happened, etc.  Very bad.  Imagine this is your hospital or insured. 

Tuesday’s original news story about the lawsuit was followed yesterday (May 2nd) by the president of SSM Healthcare issuing a public apology….almost a month after the adverse event!  The local newspaper applauded the apology, albeit with a goofy headline.  Interestingly, this story broke at the same time the Missouri House was considering legislation to re-instate tort reform, including a $350K cap, which had been thrown out by the Missouri Supreme Court a couple years ago.  The bill was spiked yesterday….and guaranteed this story didn’t help the cause.

So, again, I’m happy for the public apology…but why didn’t this happen on April 5th, 2013 versus May 2, 2013?  Why did we wait so long?  The error was clear.  Why did Regina’s family have to file a lawsuit?  Why didn’t they receive disclosure and an apology with a promise to make financial and emotional amends on April 4th or 5th?  This is why disclosure programs run by empowered people who can make decisions are so important for hospitals and insurers.  Being pro-active post-event is critical, but you can only be pro-active if you have a program with trained people.

The next time your CEO or CFO says we don’t have money to develop a disclosure program…..or disclosure is not a priority this year…..or we do disclosure good enough…..or we’ll think about it, etc……or offers up any other lame excuse slap this newsletter and the linked stories on his/her desk.  Ask her if she would like her hospital’s reputation ruined in this manner, because it could happen.  Think about it…you are just one phone call or e-mail away from your hospital, your practice, or your insured being publicly humiliated in this manner.

A professor in college told me it takes “10 attaboys to make up for 1 aw shit.”  True, but it will probably take much more than 10 attaboys to repair the damage done to SSM, their facilities, and their physicians.  They could slap up billboards all around St. Louis and litter the airways with warm, touchy ads proclaiming their greatness, but this event will linger for a long, long time.   Didn’t have to be this way, though.   Dr. Levy is an employed physician of SSM…this should have been easy!

I’ve told this story before…but it’s worth telling again.  I heard Jim Conway of IHI speak a few years ago in Northern California to a room full of hospital executives.  During his presentation, Jim posed a series of questions to the hospital executives: How many of you have a detailed plan to deal with a natural disaster like a earthquake or tornado?  All hands went up.  What about a fire?  All hands went.  What about a plan to communicate with patients and families after an adverse event?  A few hands were raised, but most people looked around the room nervously.  Wow!  Can you remember the last time a hospital burned down or was hit with a natural disaster?  Doesn’t happen very often…truly a ”never event!”  But, adverse events happen almost every day in American hospitals and medical practices, but not enough hospitals have a post-event communication programs/disclosure programs, nor have enough caregivers been trained on how to empathize and stay connected post-event.   What are you waiting for?  A phone call from a doctor, a nurse…or the media?

Time to develop your disclosure program, or if you have a program, time to make it better.  Sorry Works! can help.  Simply call at 618-559-8168 or e-mail doug@sorryworks.net.

I have heard some variation of the following countless times, usually from defense lawyers: “I don’t want some doctor apologizing and admitting fault at 2am in the morning when it was just a known complication or nothing we could have prevented!”

I agree completely…..100%.

We only apologize and admit fault AFTER a review has proven a mistake or error.  We don’t go off hunches, rumors, or even educated guesses.   We don’t blurt out something because we think it’s what the family wants to hear.  We wait for the review to be complete.  No exceptions.  Instead, we focus on empathy, addressing immediate medical needs, and taking care of the immediate needs of the family: “Mrs. Smith, we’re sorry this happened…we will be doing a review to learn what happened and begin reporting back to you at 3pm tomorrow afternoon.  We have your husband stabilized and he is safe….how can we help you right now?  Do you need help with food, transportation, phone calls, or lodging?  Do you need a minister or counselor?  Here is my business card with my cell phone number.  Feel free to call anytime.  Again, I’m sorry this happened, and we will get through this together.”

That’s empathy…that’s showing you care and are staying connected, but nothing more.   We wait for the review and work the process.   This is not only for the benefit of the provider or hospital, but also the patient and family…because once consumers hear words like “error” or “malpractice” or “Doctor Jones screwed up” they will never believe otherwise – even if the review shows a known complication – and will literally go crazy in the process.

Now, what if’s a wrong-side surgery, where even the family can see you screwed up?   A little different statement to the family, but again we are going to wait for a review: “Mrs. Smith, we were supposed to operate on your husband’s left knee, but, instead operated on his right knee. I am sorry for this mistake, and we are conducting a review to learn how this happened.  We will begin reporting back to you at 3pm afternoon with our findings….”

So, empathy 100% of the time after something goes wrong, and we wait for the review and work the process.  This message needs to be trained into your front-line staff and new hires.  The Little Book of Empathy is a great teaching tool for front-line docs and nurses….we’ve sold thousands of copies of this book around the country as a hardcopy and as an e-book through Amazon.  This quick read (15 minutes or less) is the way to teach your staff how to empathize and stay connected post-event without prematurely admitting fault.  Get your copy today.

Finally, a follow up to yesterday’s disclosure tip on exchanging contact information.  A friendly PI Lawyer wrote in to say that so often his clients tell him that everything was a “blur” post-event and they often have trouble remembering names, faces, who to call, and how to get a hold of people, which heightens apprehension and even paranoia.  So, he applauded the emphasis on exchanging contact information, including giving the family a business card with your cell phone number but not waiting for them to contact you.  Stay in touch with patients/families on a regular basis post-event, reach out, and try to help the family get through the situation.

So…put yourself in the family’s shoes with this one. Their loved one whom they thought was going in the hospital for a “minor procedure” suffered a major adverse event and is hospitalized for an indefinite time period. The patient may even die. Life is chaos. But, one nice doctor did disclose to them…or maybe it was a nursing manager…or administrator….somebody said something to them about “sorry” and “promising a review,” etc BUT the family can’t remember the name….OR didn’t get a business card OR the business card doesn’t include a cell phone number, and they want to call this nice doctor and ask a follow up question or get a progress report but the hospital operator is no help. Frustration and anxiety is mounting within the family, and the Uncle from California suggests they call a lawyer.

Don’t let his happen to you and your patients & families!

The whole point of disclosure is to maintain and rebuild relationships….to literally stay on the same side of the table as the patient and family. So, give them your business card. If your card doesn’t have your cell phone number, write the number on there. Don’t make patients and families call hospital operators or navigate phone trees….make it easy for them to contact you. If they leave you a voicemail, call back as quickly as possible. By providing a real open door policy you show sincerity, rebuild trust, and are more believable going forward.

Moreover, get their contact information. Learn who the spokesperson for the family is, and get their cell phone and e-mail address…AND don’t wait for them to call you. Reach out to them on a regular basis. Again, keep the relationship alive.

The little things can make or break you. Exchange contact information! Please share this tip with physician and nurse friends.

This hit the news wires yesterday: Brigham and Women’s is now publicly airing their medical mistakes. Very powerful story which can be found here. This is another example of the disclosure movement gaining steam, and the folks in Massachusetts doing a lot of great work to promote disclosure and make it a reality nationwide.

One of the things we really need to think about in disclosure is taking disclosure outside the walls. For several years, we have encouraged our readers to reach out to the PI Bar — and we still need to keep doing this! Now, we also need to think about educating consumers about disclosure…about the new & growing ethical movement in medicine. To help with this effort, not only look at the story above but also the Massachusetts state-wide effort to educate the public about disclosure and apology, which is linked to the Sorry Works! campaign to educate the public. Due to decades of deny and defend, the public along with the media, politicians, and regulators expect doctors and nurses to hide post-event. Disclosure gives us a chance to change this perception in a way that benefits all stakeholders.

I really encourage you to look at these links, read the story and look at these resources, and think how you can do the same with your disclosure efforts.

Have a great day!

Numerous times in this space I have written about the importance of using disclosure to reach out to the PI Bar and re-start the relationship with them built on trust and respect.  Replace “sharks in suits” and “ambulance chasers” with words like “colleague.”

In my travels, I have been amazed at the number of GOOD people I’ve met who just happen to be either PI lawyers or defense lawyers.  There is no reason we can’t get these good people to work together post-event to benefit caregivers and consumers.  See below to read a very, very powerful story of what I’m talking about written from the perspective of a Philadelphia personal injury lawyer.   This story is all about breaking down walls and helping caregivers and consumers get to a better place after something goes wrong in a quick and fair fashion.

Have a great weekend!

A few weeks ago I had dinner with some senior leaders of a hospital where I had given speeches earlier in the day. It was a nice meal — great company. I really enjoyed the evening. However, there was a point in the conversation where my friends discussed how staff suffer post-event, and literally everyone starting going around the table recounting stories of people they knew who been involved in adverse medical events and, as a result, quit their jobs as doctors or nurses, wrecked their marriages & families, and even committed suicide. The CNO said she has known “many, many” nurses who simply left the profession.

How sad. How tragic.

Question: How many doctors and nurses do you know who have suffered post-event? Lost their career, family, or life?

All that training…..all that money….all that expertise….all that care & compassion….and all those lives literally thrown down the drain because we don’t provide support for caregivers post-event.

For too long, the best caregivers could hope for post-event for was to be told to “shut up” and suffer silently while lawyers cleaned up the mess. That was the best. At worse, they might be fired and reported to the licensure board.

Can’t we do better post-event?

Now, some patient safety advocates will show their jaded side when we discuss this topic. Several become offended and hostile when the term “2nd victim of medical errors” is mentioned. But, let’s get serious…if we are going to craft a comprehensive solution to the med-mal crisis we have to address the needs of all the stakeholders. We need to fairly deal with the physical, financial, and emotional harm experienced by consumers post-event, but we also need to address the emotional suffering experienced by caregivers after something goes wrong.

When done right, disclosure addresses this problem. Disclosure is not just about stopping lawsuits and providing healing and closure for consumers, but it also provides emotional closure for caregivers. Tort reform or health courts don’t touch this topic. The only thing that can help a doctor or nurse suffering mentally post-event is a process that lets them talk about the situation and receive emotional support, including counseling and other forms of assistance.

Doctors and nurses don’t want to hurt people…and it literally tears them up when they make a mistake that causes harm. Sure, they may run away out of fear or because they were instructed to do so, but they can’t out run their emotions and memories. I’ve met so many of these people in my travels….they are literally haunted by past mistakes in which they clammed up for whatever reason. We need to fix this situation.

To hospitals and practices, a comprehensive disclosure program provides emotional support to caregivers. It helps them heal, too. And this support system may provide an enormous benefit to your bottom line. Sure, stopping lawsuits and lowering litigation costs (including settlement figures) offers a lot of savings, but when you take care of your people post-event you a) will improve your culture and your retention of quality staff and b) become the employer of choice for doctors and nurses. When done right, disclosure becomes a retention and recruiting tool.

To learn more about refining your disclosure program, remember to get your copy of the Sorry Works! UP Book. Just $29.99 per copy and you can order directly from Sorry Works! by clicking here.

Ah, Miami, Florida in March.  You know, sun, sand, and…..and…..defense lawyers!   Spring Break in college was never this much fun.

Seriously,  though, as I write this post I am flying from Miami where I just spoke at the Defense Research Institute (DRI) conference to Philadelphia to speak at a Pennsylvania hospital.  I had a GREAT reception at DRI.  Over 500 defense lawyers heard the Sorry Works! message.  I must admit I was a little nervous…I knew we had supporters in the room, but I was worried about the detractors.  Would I get my head handed to me?  Didn’t happen…in fact we found many new supporters.   Met many, many defense lawyers who are very supportive of disclosure and willingly shared their own disclosure success stories.  They asked good questions and said the Sorry Works! perspective will help strengthen their disclosure efforts.

My message for the defense bar was simple: Disclosure is happening and I literally showed them what we are teaching to doctors and nurses around the country.  Showed them how we are teaching empathy and (when necessary) apology.  I told them this is the new reality, and this bold new environment can represent good business opportunities for defense lawyers and defense firms that get with the program early.  In fact, I told the defense lawyers to pro-actively reach out to their clients to help in the development of their disclosure programs — and many said they are going to do just that.  Don’t need to litigate to create billable hours.

To readers of this e-newsletter, my message to you is don’t wait for your defense lawyers/defense firms to call about disclosure…you get on the phone (or e-mail) today and talk to them about disclosure.   Invite them into the process and make them participants in developing your disclosure program.   Defense lawyers can do much more than litigate.  Be pro-active!  DRI asked me to write a paper for their journal, and here is the text of that article.   Share this article with your defense lawyers/defense firms as a way to start the discussion.

I am happy to today…very, very happy.   An important speech was made, and the defense bar is getting on board with disclosure and apology.  This is good for patients, families, and caregivers.  Let’s keep the momentum going!

Have a great weekend.

Sincerely,

- Doug Wojcieszak, Founder, Sorry Works!