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November 27, 2007 NEWSLETTER
Doug Wojcieszak, Founder & Spokesperson
Contact phone/e-mail address: 618-559-8168; doug@sorryworks.net
THIS WEEK'S EDITION:
- Illinois caps going, going...gone? Time for Sorry Works!
- Wrap up from ExecuSummit Insurance Meeting
- Sorry Works! Book - The Perfect Holiday Gift
- Apology to Actor Dennis Quaid for overdose of twin babies
ILLINOIS CAPS GOING, GOING...GONE? TIME FOR SORRY WORKS!
Two years ago Illinois doctors won a hard fought victory for tort reform, including caps on non-economic damages. It may have been a hollow victory. Recently, a lower court in Cook County (Chicago- area) struck down the caps, which means the Illinois Supreme Court will have to make a final ruling. (See story below) Note: The Illinois High Court has struck down caps twice already.
Illinois is a great state for the med-mal debate, because you have tough, big city venues like Cook County as well as Madison and St. Clair Counties down by St. Louis, and a whole lot of mid-size communities and small towns in between. Indeed, it's a microcosm of America. And like so many other places in America, physicians have been fighting to cure their liability problems with legislative initiatives, namely tort reform. Now the political consultants and politicians are starting to beat the drum for an Illinois constitutional convention. Get in there and change the wording of the constitution or even write tort reform into the Illinois constitution and problem will be solved. They point to Texas - where the constitution was changed - as a great success story. But Texans in the know will tell that severity is still rising, trial lawyers are finding ways around the caps, and once George Bush is done imploding Texas will likely have a much different political landscape...a new sets of judges and politicians that may alter or undo the caps. The pendulum will swing back the other way.
That's the problem with caps and other political "solutions." They cost a fortune in time and money to attain, and they can be taken away with the stroke of a pen. Why do doctors want to keep playing this game? It's a little like Charlie Brown and Lucy...."Oh, I promise to hold the football for you this time, Charlie Brown." Not!
There are three certainties in life: death, taxes, and politicians disapointing you. It's time for physicians and providers to take control of this situation. It starts with realizing that severity and frequency are most often driven by customer service issues. Anger - not greed - experienced by patients and families post- adverse event is what drives most folks to trial lawyers. Patients and families become angry when communication, information, and fixes are not readily apparent after adverse events...but cover-ups are quite apparent! The solution, then, is quite apparent: Good customer service. Pull patients and families closer after adverse events. Make them your best friends, don't drive them away. The real beauty of good customer service is you don't need a politician's vote and it can never be taken away by a judge or at the ballot box. Sorry Works! is all about good customer service post-adverse event. Communicating and working to fix problems with patients and families in a pro-active, relationship strengthening fashion is the Sorry Works! mission.
As reported in this forum earlier this year, the University of Illinois Medical Center implemented a disclosure program over a year ago, and, so far, 40 disclosures have produced only one (1) claim...in Cook County. If disclosure can work in Cook County, it can work anywhere!
We're also happy to report that many other hospitals and insurers in Illinois are closely studying disclosure and getting ready to start programs. We are making progress in the Land of Lincoln...but progress starts by forgetting about the politicians, judges, lawyers, and the courts and focusing on the needs of patients and families post-adverse event. That's where the action is.
Cook Circuit Court's overturning of tort reform law to hurt Illinois health care
by Sarah Phelan
Nov 14, 2007
If upheld by the Illinois Supreme Court, a Cook County Circuit Court's overturning of a two-year-old tort reform law Tuesday could push up medical malpractice insurance rates and have a negative impact on patient access to care.
The law, which was ruled unconstitutional by Cook County Circuit Court Judge Diane Larsen, places a cap of $500,000 on non-economic damages in medical malpractice cases and a cap of $1 million on hospital liability. Non-economic damages deal with the costs of pain and suffering rather than economic damages such as lost wages and medical costs.
Three civil lawsuits were consolidated to challenge the reforms: LeBron v. Gottlieb Memorial Hospital; Alexander v. Nacopoulos, et al; and Zago vs. Resurrection Medical Center, et al.
Besides setting caps on malpractice damages, the law also requires the plaintiff of a medical malpractice suit to get a certificate from a physician declaring that he or she has reviewed the case and believes the suit has merit.
"We think this has eliminated frivolous lawsuits and done a lot of good," said Kent Mathewson, a defense attorney with Donohue, Brown, Mathewson & Smyth LLC, of the required merit certificate.
Illinois State Medical Society's ISMIE Mutual Insurance Co., the largest provider of medical malpractice insurance in the state, said the number of claims reported to the company in 2005-2006 declined by 25 percent.
The number of medical malpractice insurers stands at 14, up from 11 in 2004, the year before the tort reform law was enacted, according to the Illinois State Medical Society.
"In the two years since the law, the climate for medical malpractice insurance has become more favorable," Mathewson said. He added that the new ruling may discourage new insurance companies from coming to Illinois or drive existing ones out. The result may be an increase in malpractice insurance rates.
Some insurance companies won't be scared off, however. Austin, Texas- based Medicus Insurance Co. announced Tuesday that it will stay in Illinois despite the ruling.
The Circuit Court's decision is being directly appealed to the Illinois Supreme Court, which is expected to hear the case sometime next year, Mathewson said. Until then, the tort reform law remains in effect.
"Even if the law is overturned we will not change our opinion about staying in the state," said Medicus Chairman and CEO Howard Lamb. "It might change the price and terms of the insurance policies, but it is certainly our decision to stay."
But Lamb said he believes that the Illinois Supreme Court will uphold the law because it helped solve serious problems prior to 2005 of skyrocketing malpractice insurance costs that prompted physicians to leave the state.
The Illinois State Medical Society said high-risk specialties such as neurosurgery, obstetrics and gynecology saw the greatest shortages because of insurance costs that were double those of bordering states such as Indiana.
In the past 30 years, the Supreme Court of Illinois has ruled twice that caps on jury awards illegally take away the power of juries to decide damages.
WRAP UP FROM EXECUSUMMIT INSURANCE MEETING
The ExecuSummit Insurance Conference was held the week before Thanksgiving in New York City. The meeting had over 100 insurance participants, so it was a great crowd. There were many excellent speakers focusing a wide variety of topics related to the med-mal industry (the Illinois caps being struck was a big topic of discussion)
A person familar to this forum, James Saxton, co- author of the upcoming Sorry Works! book (see directly below), delivered the keynote address. Saxton provided an overview of the litigation climate and how break downs in customer service and quality issues lead to claims - and how the insurance and healthcare industries need to address these problems. Saxton was followed at the podium by Doug Wojcieszak, also a co-author of the forthcoming Sorry Works! book. Wojcieszak focused on the disclosure movement, the disclosure success stories, and how to apologize to patients and families after adverse medical events. A big thanks to Kevin Bingham of Deloitte Consulting for organizing this great event.
For more information on a Sorry Works! presentation, contact doug@sorryworks.net or call 618-559-8168.
SORRY WORKS! BOOK - THE PERFECT HOLIDAY GIFT
The Holidays are here! Next week, the Sorry Works! book, "Sorry Works!.....Disclosure, Apology and Relationships Prevent Medical Malpractice Claims," will be released - just in time for the holidays!
Looking for that perfect present for the insurance executive who constantly loses sleep over frequency and severity of claims? The Sorry Works! book is the answer.
How about a stocking stuffer for the doctor in your life who is always fretting about litigious patients and aggressive trial lawyers? The Sorry Works! book will look nice hung by the chimney with care.
Oh whatever shall you get for that hard working defense attorney or claims manager who has everything? They need the Sorry Works! book and most assuredly they will appreciate your thoughtfulness and good cheer.
Say "Bah, Humbug" to lawsuits and litigation expenses with the "how- to" manual on disclosure and apology. Everything from why disclosure works to developing a policy and program will be covered; however, the text will be limited so even the busiest healthcare professional will be able to read it on a plane ride or over a weekend. Furthermore, a CME test will be offered with the book.
The retail price per book is only $21.95, and bulk discounts are available too. To pre-order your copy of the Sorry Works! book today and have in time for the holidays, please contact Amy Matthias at ajm@stevenslee.com or call Doug Wojcieszak at 618-559-8168. You can also contact Amy and Doug to inquire about bulk sales too.
Happy Holidays!
APOLOGY TO ACTOR DENNIS QUAID FOR OVERDOSE OF TWIN BABIES
Much has been written about the accidental overdose of Dennis Quaid's newborn twins, but below is a less publicized angle on the story: the apology. The hospital's Chief Medical Officer has stepped forward, admitted fault, and apologized to Quaid and his family. Bravo! Another good example of disclosure and apology at work. Read below.
Quaid Twin Overdose Was 'Preventable'
Wednesday, November 21, 2007
HOLLYWOOD - An accidental drug overdose given to actor Dennis Quaid's newborn twins could have been prevented, according to hospital chiefs.
Quaid's children Thomas Boone and Zoe Grace--born on Nov. 8--are fighting for their lives in Cedars-Sinai Medical Center in Los Angeles after they were accidentally given 10,000 unit doses of anticoagulant Heparin instead of the standard 10 units.
The hospital's Chief Medical Officer, Michael L. Langberg, admitted the error was "preventable" and involved "a failure to follow our standard policies and procedures."
He said, "There is no excuse for that to occur at Cedars-Sinai."
But Langberg added the twins "indicated no adverse effects from the higher concentration of Heparin or from the temporary abnormal clotting function. Doctors continue to monitor the patients."
He also apologized to Quaid and his wife Kimberly, reports Web site TMZ.com.
The babies are 53-year-old Quaid's second and third children--he already has a 17-year-old son with his ex-wife Meg Ryan.
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