Spiking the Football After Med-Mal Defense Verdicts?
It happened again a few weeks ago. A c-suite administrator at a large, religiously-affiliated American hospital system known for disclosure & apology and other patient safety initiatives spiked the football -- or briefcase -- after a med-mal defense verdict. Said spiking occurred on LinkedIn, and was met with all sorts of virtual applause, high fives, and other nonsense. The post read as if the c-suite administrator's child had won a weekend baseball or soccer tournament: "Yay team! You guys are AMAZING! Way to go!!!!"
I responded to this ill-conceived post for all to see on LinkedIn by asking why any hospital administrator at a hospital system known for disclosure & apology and patient safety would be publicly celebrating a med-mal defense verdict. Why air this dirty laundry, I asked. Without knowing anything about the case, we can safely assume that somebody -- some family -- was hurt in one of their hospitals. Post-event, communication and trust broke down between the patient, family, care team, and leadership, with blame to spread around to all stakeholders. There was enough smoke with this given case that it attracted the attention of a PI firm and was litigated -- and remember that PI lawyers reject 99% of the cases that walk in the door. Yet, after aggressive litigation the family received nothing, and we all know many juries favor doctors and hospitals even in cases of clear malpractice. So, this family has been hurt again...and we are celebrating? The administrator in question has yet to respond to me (and I am not holding my breath for a public or private response).
Again, this event happened at a religiously-affiliated hospital, and this sad episode begs the question, "What Would Jesus Do?" Spike one of His sandals, wildly wave His tunic for all the whole world to see, and high five Peter and the other disciples? Not the Jesus I know...
Nobody is perfect, and believers from all faith traditions understand we all need grace. Yet, bad judgment displayed in a public fashion can smear the reputation of an organization and call into question the sincerity of their disclosure and patient safety efforts. I fully understand that good people can disagree about the standard of care or the value of damages, and such disputes may require litigation. If said litigation is successful from the stand point of your hospital or nursing home, show humility and remember your "victory" caused further hurt to an already grieving family and patient. The clinical staff are probably traumatized from the entire episode too (unlike your kids after winning a plastic trophy at a sporting event). Quietly and privately congratulate your litigation team, and work hard to improve your post-event communication processes.
Sorry Works! offer online training programs with low-cost monthly subscription rates for physicians, nurses, physician assistants, and nursing home administrators. These two-hour virtual courses cover everything your frontline staff need to know about disclosure and apology. To learn more, visit this link, call 618-559-8168, or email doug@sorryworks.net.
Sincerely,
- Doug
Doug Wojcieszak, MA, MS
Founder & President
Sorry Works!
618-559-8168 (direct dial)
doug@sorryworks.net