PI Bar Advertising (in a good way) about Disclosure & Apology
Some Colorado personal injury attorneys -- or patients' attorneys -- are advertising about disclosure and apology. Here are some examples:
https://www.parkerlipman.com/practice/the-colorado-candor-act/
https://www.denvertriallawyers.com/faq-posts/the-colorado-candor-process/
https://www.burgsimpson.com/colorado/2020/11/colorado-candor-act-medical-malpractice/
https://www.leventhal-law.com/blog/what-you-need-to-know-about-the-colorado-candor-act/
Here is the back story on this development: Over the years we have encouraged hospitals, nursing homes, and insurers along with defense counsel to use disclosure and apology, or CRP, to engage (or re-engage) the medical malpractice personal injury bar. Many hospitals, including University of Michigan Health System, have engaged local PI attorneys with success. The message is, "We are trying to do the right thing. We will try to catch mistakes before they leave our door and work with families, and if they are represented by you, work with you as well. Likewise, if a family shows up at your office wanting to sue us please give us a call or send an e-mail and let's see if we can figure it out."
Indeed, disclosure and apology (CRP) provides a way to lower the temperature between traditional enemies and possibly forge new alliances for the betterment of patients and families.
Four states -- MA, IA, OR, and CO -- have recently passed what I call "2nd Generation Apology Legislation." Traditional apology laws make certain statements inadmissible in civil litigation, however, with "2nd Generation Apology Laws" healthcare organizations have to meet certain criteria about disclosure -- including allowing families to represented by counsel during the process -- qualify for the immunity protections. These 2nd generation laws (unlike their forerunners) help encourage the development of disclosure/CRP programs. Moreover, these 2nd generation apology laws were developed jointly by the medical community, PI Bar, insurers, and patient safety advocates in the four states.
Please note: As we've always stated, your state does not need to pass a law for your healthcare organization to develop a disclosure/CRP program.
Colorado is the most recent state to pass a 2nd generation apology law, and the medical community and insurers worked closely with the PI Bar, or patients' attorneys, as well as patient safety advocates in developing and passing their legislation. Now, patients' attorneys in Colorado are starting to advertise about the apology law (called CANDOR). For more information on the Colorado apology law, visit this link.
So, that's the back story. I believe the moral of the story is that bridges can be built between the healthcare community and the PI Bar. Developing 2nd generation apology legislation is one way to build those bridges, but you can do it yourself today by contacting local patient attorneys in your area and offering to discuss your disclosure program.
Remember, Sorry Works! has a terrific booklet for patients and families called, "Did the Doctor Make a Mistake?" To order your copy, click on this link.
Sincerely,
- Doug
Doug Wojcieszak, Founder and President
Sorry Works, a 501c3 non-profit patient safety organization
618-559-8168 (direct dial)
doug@sorryworks.net