Doctors Say “I’m Sorry” to Avoid Being Sued
Damage Control 101 for Doctors
Sorry is the hardest word to say – unless money’s involved
When we were kids, we all learned to say “I’m sorry” when we hurt someone. Or at least, we should have. But over the last 30 years or so, it seems that a lot of mainstream doctors have forgotten this basic life-lesson. Nowadays, MDs are trained not to apologize for ANYTHING.
This is because malpractice lawyers for the hospitals and HMOs where they work have conditioned them to believe that apologizing to a patient constitutes an admission of liability. It’s also because for one reason or another, a lot of modern doctors have become convinced of their own infallibility (the God complex). Why, I cannot say – they make enough mistakes to kill nearly 100,000 hospitalized Americans every year, according to a 1999 Institute of Medicine report
But regardless WHY doctors don’t like to apologize, evidence suggests it would be a good thing if they did – at least from a bottom-line standpoint. According to a recent Associated Press online article, research conducted by an insurance-industry affiliated M.D. concludes that an offending doctor’s behavior often impacts a patient’s decision to sue more profoundly that the medical error itself.
In other words, doctors who DON’T apologize for their mistakes get sued a lot more (and FOR a lot more) than those who do. This finding, and other simultaneous conclusions similar to it, have prompted some medical schools to start teaching a softer approach to dealing with medical mistakes – and some hospital systems to change their policies to encourage MD’s to apologize to their patients for bungling their care.
Apparently, it works. According to the article, since the University of Michigan Health System has adopted this stance when mistakes occur, their attorney’s fees have decreased by two-thirds – and their actual number of malpractice suits and intent-to-sue letters has been cut in half. Following suit, a program called “Sorry Works” has been put in front of the Illinois state legislature for possible adaptation as a statewide medical standard.
This is all fine and good – I’m sure that patients feel better when their doctors behave like civilized people. But here’s another novel approach to controlling medical lawsuit awards and the high cost of malpractice insurance
PRACTICE BETTER MEDICINE!
This may be too much to hope for, as frilly talk will always be a lot cheaper than meaningful change. And now, doctors in one major state can even enter a contest and win prizes for schmoozing away lawsuits. Keep reading
Sucking up to avoid shelling out
There’s a prestigious new award for doctors in Michigan.
It’s not for the finest in reconstructive surgery, nor for the most courageous Emergency Department success or the shrewdest diagnosis of a rare disease
It’s for dodging malpractice suits by kissing up to patients!
Yes, that’s right: According to another recent AP item, The Excellence in Risk Management (risk for the insurance company bottom line, not for patients, of course) is proffered by the American Physicians Assurance Corporation, an insurance giant that underwrites about 20% of Michigan’s doctors. The contest is open to all wolverine state doctors insured with the company.
Tactics currently employed by entered doctors include frequent phone calls to check in with patients, card and letter-writing, encouraging staff members to engage in personal relationships with patients, and various touches to make the office a warmer, friendlier (translation: more difficult to feel good about suing) place to receive care.
The prize: Dinner and a plaque. What about cheaper malpractice rates for Michigan doctors? I’ll believe it when I see it.
Of course, the big prize is cheaper malpractice payouts for the American Physicians Assurance Corporation. The biggest loser, as usual, is the patient. Instead of meaningfully better care through true medical reform, they’ll get a card, a call, a lollipop, and a big, sappy guilt trip
Or flowers at their funerals.
Always apologizing – for the sorry state of modern medicine,
William Campbell Douglass II, M
