N.J. evaluates effect of hospital apology program on lawsuits

[Button2cute]

Hypothetical scenario:


For the Males:

Your physician and surgeon made the decision to remove your testicles, prostate and a 1/4 of the penile muscle due to cancer. The surgery went well and discharged after three days. A week later, a post op follow-up at your physician's office and your physician walks in the room. He sits down and " Sorry, Mr. Doe you did not have cancer and I am sorry for the wrong mistake. I am sorry for the removal of your organs." You noticed the surgeon is not present.

How would you feel and would the sorry be acceptable? Would you sue or walk away?


For the Females:

A physician and a surgeon made decision to remove your breast after you given birth to your twins. Three days later, you are called into the office and your physicians are in tears. They inform you the results reveal you did not have breast cancer and we are sorry. The surgeon is not present.

How would you feel and would the sorry be acceptable? Would you sue or walk away?



The New Jersey Medical Society is monitoring the "Sorry Works!" program in New Jersey to discover a significant impact of an apology on lawsuits. This program revealed a decreased of 2/3's across the USA in financial expenses of legal and court cases. The objective is to have an open policy for the physicians and surgeons to admit their wrong doing, apologize and/or offer restitution to the patient.


http://newsok.com/n.j.-hospitals-gai...rticle/3351645

[mizstez]

unfortunately these incidents do happen. most physicians won't own up to their mistakes, sorry is not acceptable. The physician involved should be sued, and his license should be penialized. If this was a nurse on the other hand, he or she would be immediately terminated and his or her career would rest with the decision of the Nursing Board

[Button2cute]

Hello,

I agree, Mizstez

[RyanRN]

If this was a nurse on the other hand, he or she would be immediately terminated and his or her career would rest with the decision of the Nursing Board

So maybe THIS is what needs correction - I feel like some people will always sue, some will never sue, sometimes it's well deserved, sometimes not at all. If this study says it is working when doctors apologize - that's great - because - they should ALWAYS apologize in any case.



Treat those who are good with goodness, and also treat those who are not good with goodness. Thus goodness is attained. Be honest to those who are honest, and be also honest to those who are not honest. Thus honesty is attained.
- Lao Tzu

[peady2]

In the 2 scenarios you posted-yes I would sue. Especially for the first-no apology can ake up for what was lost. Surgery for penile cancer is life changing-from no longer being able to urinate normally, to loss of sexual function. It is a situation that causes daily grief. The unnecessary loss of a breast is also difficult to accept and also can cause daily discomfort, but perhaps to a somewhat lesser extent than the loss of male organs/partial penectomy.

The article you post has a doctor talking about suing for "spilling coffee on themselves." Hardly in the same category as the unneccessary removal of a breast or penis.

I also believe that an apology infers liability-but let's face it, if an apology is for a medical mistake, does that not indicate liability?

I was once involved in a medmal suit-no doctor EVER apologized for what were clearly errors in judgement and failure to rescue. The hospital NEVER apologized for the negligence that occurred as the result of their staff-both RN and medical. All of their actions led to a fatal outcome. An apology would have made no difference to my decision to sue. The primary parties eventually settled out of court, but I would have preferred to go to court and have my say-but since I was a secondary party I did not have the final say. And although my involvement in that suit was one of the most horrific experiences of my life and ;asted for several years (and I am just referring to the suit, not the actual death of a loved one), I would still go ahead and do it again; not because I want compensation but because I want justice and accountabilty.

[jdebrock]

As a former N.J. nurse, I can attest that the "I'm sorry" approach by physicians and hospitals doesn't work. We all know that we work in a very litigious field and if something goes wrong, the patient may sue. We have all been bombarded by the television commercials by the personal injury attorneys. I worked at one hospital in N.J., in which the hospital apologized and did not even charge the patient for the hospital stay, which exceeded $300,000. Two years later she died and the family is now filing suit. I can only assume that the patient did not want to sue, so the children waited until she passed away.

[artistrn]

For physicians to publicly apologize for making a 'mistake' is a step in the positive direction, and glad the "Sorry Study" is working. Don't assume physicians don't have feelings of guilt, remorse and horror when they remove an completely healthy organ, just because they haven't made a public apology - maybe they apologized privately with the patient and maybe they didn't. The point is, physicans should always say they're sorry and mean it.

The outcome of whether to sue or not in these situations depends on the patient, family and physician involved. Some people will always sue, and some will sue depending on the situation.

[reesern1963]

I think it's a pretty cynical approach to think that by saying "I'm sorry" you'll potentially decrease your med-mal costs. Doctors should be apologizing because they truly mean it, not as some sort of way to manipulate an already emotional patient or family. To lie, after having harmed or killed a patient is just inexcusable.

Pony up and pay the penalty.