Tales from the Road: Family Threatening Lawsuit? Recording Conversation?

During a recent Sorry Works! presentation in Oklahoma, two doctors asked the following questions: "What should I do if a patient starts threatening a lawsuit?" and "What should I do if a patient or family starts recording the conversation?"

If a patient or family threatens litigation, stay in the relationship, if possible.  Breaking off the relationship is actually great evidence for a PI lawyer and will also fuel the anger felt by the patient/family.  Keep talking....try to learn why the patient/family is so angry, make them feel like they are being heard, and see if you can fix their problems.  Empathize and say "sorry this situation is upsetting."  Remember body language and really show you are listening.  Sit down, eye contact, hands in lap, etc.  Every so often politely stop the conversation and repeat back to the patient/family what they are saying --- nothing says "I hear you" like hearing your own words repeated back.  Also be sure to ask what they want, what will make them feel better, and if they need any additional information (the chart?) or need to speak to anyone else (c-suite?). Schedule a time to meet again (and follow through) and exchange contact information so they can get a hold of you, and vice versa. 

Bottom line: Run to the problem. Show you care. Communicate and empathize, but do not be pushed into an admission of fault.  We only admit fault after a review has proven a medical error with causation to the injury or death.  When the conversation concludes, be sure to document appropriately in the chart and call someone (risk, legal, c-suite, etc).  

What about a patient or family recording the conversation?  Just assume EVERY patient/family is recording your every utterance with their smart phone.  And do not be afraid.  You should be happy for any trial lawyer to see your ethics and humanity in action. 

Have more questions?  Contact us at 618-559-8168 or email doug@sorryworks.net.

Sincerely,

Doug Wojcieszak, MA, MS
Founder and President
Sorry Works! 
618-559-8168 (direct dial)
doug@sorryworks.net