UT Health System Changing Practices on Gag Orders
Sorry Works! released a special report on confidentiality clauses or "gag orders" in medical malpractice settlements shortly before the Christmas holiday. We spread the report far and wide. In response, Dr. William Sage (MD/JD) shared a study he and others published in late 2016 showing that the University of Texas (UT) Health System is changing or relaxing their rules on confidentiality clauses in med-settlements. The UT Health System formally supports disclosure and transparency, yet, historically, their settlements gagged patients and families. This juxtaposition or conundrum was pointed out in a 2015 paper by Sage et al, and UT Health is now changing their behavior.
Like the UT Health System, we know that many hospitals and nursing homes are moving towards transparency, disclosure, and apology. Also, like UT Health System, we also know that many hospitals and nursing homes have gag orders in their boiler plate settlement language. Gag orders are a leftover of so many years of deny and defend. We hope more hospitals and nursing homes will re-think their settlement process with disclosure tacking root. When cases close, the stories and learning opportunities should live on, both inside and outside the walls of the hospital or nursing home. Our Gag Order report has many ideas to help attorneys and risk managers re-think their settlement process.
Doug Wojcieszak, Founder
618-559-8168 (direct dial)