Great post from nurse attorney regarding disclosure, claims managers, and defense attorneys
via ASHRM LinkedIn Group...... Patti Magyar, RN, MSN, JD, Leader in Patient Safety, Risk Management, Professional Coaching, and more at Gallileo Search, LLC
Doug, I could not agree more; not all hospitals and even more so, claims representatives and defense attorneys are philosophically understanding and in agreement with the philosophy of transparency, genuine disclosure and apology. Claims representatives and defense attorneys can feel caught in limbo when there is perceived or actual tension between what a hospital expects, what an insurance company expects and the fear of legl malpractice. When living with different standards, goals and philosophies, this generates a crazy making situation that violates everyone involved, especially the patient. Hospitals need to be explicitly clear internally, as to where they truly stand on Disclosure, and then ensure they educate, perhaps verbally and in writing, their litigation philosophy on a case by case basis. Hospitals need to ensure they align themselves with a carrier and defense attorney(s) who match their philosophy or are genuinely educable. I have personally experienced how disclosure powerfully works for the wrong reason: money; even plaintiff's attorneys are willing to cut their demands, when made aware (by patients!) of the honor and integrity of a hospital or system that practices transparency, disclosure and apology, with appropriate financial response. It's time for everyone to stand up for transparent, disclosure and a apology because it is the right thing to do, so the practical steps are easy!