Former Vanderbilt Nurse Guilty Verdict & Disclosure Movement
Over the past couple days, a lot of ink has been spilled discussing and dissecting the recent guilty verdict of former Vanderbilt nurse RaDonda Vaught for her involvement in a fatal medical error. Some say Vaught deserved to be criminally prosecuted, while others believe the hospital (Vanderbilt University Medical Center) should bear more responsibility and the case was an example of prosecutorial overreach.
As a former personal injury investigator, I know that I don't know enough about the underlying fact pattern of this case to make an informed statement. So, I will remain silent in this aspect.
What I do, however, feel qualified to discuss is how the Vanderbilt case may potentially impact the disclosure movement. Plenty of articles and discussion about how this case will make nurses as well as docs more reluctant to self-report adverse events and potential medical errors. A new wall of silence will descend in medicine, claim some commentators.
Here are my beliefs in the wake of the Vanderbilt case:
1) Some clinicians will be more reluctant to talk post-event and use the Vandy case as an excuse to stay quiet, but let's not overstate the fear factor. Criminal prosecutions for adverse medical events/potential medical errors are extremely rare occurrences. Yes, this case will sow some doubt and anxiety, but it will not be top of mind for long.
2) Disclosure advocates will have to double-down on the positive data and stories that are coming forth from disclosure programs. Disclosure offers a more powerful narrative with staying power versus the Vanderbilt case, which can be truly be labeled an outlier.
3) The Vanderbilt case should remind everyone in healthcare -- along with the insurance and legal professionals who support healthcare organizations -- that medicine is generally not trusted post-event. The average American believes that doctors, hospitals, nursing homes, etc will lie and cover up medical errors (and there is a long, sad history to validate these beliefs). Americans of all stripes, including patients, families, personal injury lawyers, state regulators, the media, and criminal prosecutors believe healthcare is reticent to the tell the truth post-event. So, each of these stakeholders uses their power -- be it a lawsuit, regulatory complaint, nasty news or social media story, and, rarely, criminal prosecution -- to hold medicine accountable. When you consistently lie, bad things can and do happen....
4) The disclosure movement provides healthcare organizations with an opportunity to hit the re-set button with skeptical, mistrustful stakeholders. The implementation of a disclosure program provides a golden opportunity to establish trust and build relationship with skeptics and adversaries.
To help your organization embrace disclosure and apology, contact Sorry Works! at 618-559-8168 or email doug@sorryworks.net. Sorry Works! is the nation's leading advocacy and training organization for disclosure & apology.
Sincerely,
- Doug
Doug Wojcieszak
President and Founder, Sorry Works!
618-559-8168 (direct dial)
doug@sorryworks.net