Disclosure, Apology, and Senior Living Organizations
This past summer, the State of Louisiana passed legislation limiting the amount of money that can be recovered in lawsuits against senior living facilities. Speaking in favor of the legislation, Wes Hataway, the policy director for the Louisiana Nursing Home Association declared, "We're going to have those health care facilities turning in their keys because they can't do business in this state anymore."
Obviously, lawsuits against nursing homes and other senior living facilities are a major issue. There are law firms that specialize in nursing home litigation, and these barristers are really good at advertising. Furthermore, the aforementioned Mr. Hataway is not being dramatic because many nursing homes have either limited services or gone out of business because of lawsuits. It's a problem. However, there are serious safety concerns with senior living facilities; too many elderly residents are suffering from preventable medical errors. Senior citizens are the most vulnerable members of our population, and many cannot effectively advocate for themselves. Too often families do not receive empathy, communication, and accountability when something bad happens to their loved ones. There are two legitimate sides to this coin. Sorry Works! speaks to all parties.
As we have preached at Sorry Works! for nearly 20 years, disclosure and apology are the way forward for medical professionals and healthcare organizations. I believe this especially true with senior living facilities. To be blunt, no one is counting on the residents of the local nursing home to pay mortgages, put food on the table, or put kids through college. Realistically speaking, nursing home residents are in the last years (or months? weeks?) of their lives, even with exceptional care. Indeed, economic losses are limited or even non-existent in senior living cases. Lawsuits against nursing homes are all about the emotions --- the anger, the guilt, and revenge -- and also accountability and protecting the next resident. Do not run away from these emotions. Raw emotions need to be met with empathy and communication. Showing accountability and being transparent with process improvements that involve the resident (if possible) and the family are critically important too. If emotions can be mitigated in an ethical and just fashion, what is there to litigate about? If relationships with families can be maintained post-event, what need is there for a lawyer? If families can be involved in a fix, why run off to court? Sorry Works! offers a workable process to check all these boxes.
For more information about Sorry Works! and senior living facilities, please call 618-559-8168 or emai doug@sorryworks.net
Sincerely,
Doug Wojcieszak, MA, MS
President, Sorry Works!