Jeopardy Champ Dies, Med-Mal Lawsuit, and "No Comment" from Hospital

Brayden Smith was one of the last Jeopardy champs for the late Alex Trebek; he racked up over $100K in winnings in late 2020 and was a hit with fans in his hometown of Las Vegas. Tragically, Smith is also no longer with us. Smith, age, 24, suffered from ulcerative colitis and had his colon removed by a Vegas-area hospital, only to allegedly die from blood clots in his lungs a few weeks later in February 2021. The lawsuit filed by his parents alleges the hospital failed to prescribe anti-blood clotting drugs. The family's attorney has excoriated the hospital in the local media.  The hospital's response: They are reviewing the case but they do not comment on pending litigation. The attorney and the family told their story in the press, while the hospital looked -- and looks -- like a bunch of schmucks.

When will attorneys, risk managers, and healthcare administrators learn?  A case that catches the attention of the media involves much more than what will or will not happen in a courtroom or in the office of a mediator.  The very reputation of an institution is on the line in such cases.  The morale of your medical staff along with your ability to recruit future staff is also at stake too.  One can only imagine how many Las Vegas area residents -- including prospective hires for the medical staff --  will never step foot in this hospital because of Brayden Smith and the hospital's public response.  No comment for the Jeopardy Champ's death?  Seriously??

Now, as we have stated many times in this space, we don't want to litigate cases in the media, but can we show compassion, empathy, and let the family and the public know this tragedy is a top priority?  Can we communicate to the family that the door is open to them?  Can we act like we care, and let our comments to press reflect our caring nature?   Caring would read/sound like this: 

"We are sorry for Brayden's untimely death.  We want to understand why Brayden died, and we will work with appropriate experts, his family, and the family's legal counsel to learn the facts.  Until then, we ask the public to withhold judgement on this tragedy.  Please refrain from negative or judgmental comments on social media.  Instead keep Brayden, his family, and our medical staff in your prayers and thoughts during this difficult time. Thank you." 

This is a theme we have discussed at Sorry Works! over years, including last year following the death of a prominent Black man in St. Louis after an alleged missed heart attack and the hospital offered the same "no comment" shtick to local media.  

Just importantly, cases that get splashed all over the media also highlight the continued need for the development of disclosure and apology programs.  A good disclosure program will catch most of these cases before litigation and the need for negative media coverage, but you have to develop an actual disclosure program!

At Sorry Works! we are here to help organizations embrace disclosure and apology...give us a call at 618-559-8168 or e-mail doug@sorryworks.net to get in touch with us.  We can show you best practices and how to make disclosure a reality for your organization.

Sincerely,

- Doug

Doug Wojcieszak, Founder and President
618-559-8168
doug@sorryworks.net