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Applying Quality Methodologies to Improve Healthcare Briefings on Patient Safety

Dear Jim:

I rolled my eyes when I read a column about how the litigation process significantly affects our doctors. I guess I have been doing this too long because I thought doctors must realize by this point that lawsuits sort of come with the territory. Recently, I find myself as a target in a lawsuit. I did not provide clinical care, but I communicated a great deal of information to the patient and family after an adverse event. A significant part of the claim says that I intentionally withheld information or worse, provided it intentionally. My name is actually in the complaint, and I was notified that a good deal of the case might focus on me. I am going to pull your old columns on this topic, but for others that may “roll their eyes” when you describe the effect of litigation, I am here to say it is real.

 Denise Gussy
Risk Manager
Pierre, SD

Dear Denise:

First, listen to your own advice. Litigation is a process, and every defendant has lived through it. Be an active participant and prepare when appropriate, so you can understand what will and will not happen.

Cases involving miscommunication and portrayal by the plaintiff are on the rise. It is the so-called “plus” factor that we have talked about over the course of the past year. It is a very clever strategy. Psychologists and jury consultants tell us that this issue makes patients, in this case jurors, extraordinarily emotional and angry. This is because patients can easily sympathize with other patients.

Not to be fully aware of a circumstance can make a plaintiff look outrageous by a skilled lawyer in the courtroom. It hits a chord with jurors too. It can make what you may think is a very straightforward malpractice case with marginal damages into a bell ringer.

This is why we talk about documenting your disclosure not only initially, but on an ongoing basis. It is complicated at times, but you must be very careful not to jeopardize peer review protection or breach confidentiality. There is enough data available that disclosure will in fact reduce liability exposure, both from a frequency and a severity point of view.

Once you provide the information to your counsel and you understand the process, do not use your energy to go back through the facts repeatedly and ruminate about it. Train yourself to move on.

Sincerely,
James W. Saxton, Esq.
Stevens& Lee
Lancaster, PA

P.S.
Have questions?
Send them to: jws@stevenslee.com