A few innovative hospitals are starting to adopt a novel response to their mistakes that cause death or injuries: apologizing.
Although apologizing is a standard element of PR crisis plans, most hospitals are traditionally – and incomprehensibly — reluctant to apologize to patients or their surviving loved ones. Hospital managers and medical staff fear apologizing or even expressing sympathy will be equated to admitting guilt and open themselves to liability or disciplinary actions. That’s what their legal counsel has been telling them for decades.
“Eschewing apology is a choice driven not by data but by fear and anecdote. Though it is now politically correct to apologize and admit mistakes, behind closed doors the old dialogues continue,” states the American College of Emergency Physicians (ACEP).
Reduces Malpractices Costs
A growing body of research shows that saying sorry actually reduces malpractice costs. Surveys indicate that patients and family members are more likely to pursue legal action if they feel a lack of accountability, disrespect or poor communication.
Apologies are part of Stanford Hospital’s new Process for Early Assessment, Resolution and Learning, or Perl, program. The program also waives medical bills, pays for follow-up treatments, and compensates patients for pain and suffering. The number of lawsuits against the hospital fell by 50% from 2009 to 2014 after the hospital implemented the program, according to The Wall Street Journal. In addition, indemnity costs in paid cases were 40% lower than from 2003 to 2008.
Other hospitals that quickly apologize, investigate and offer compensation for mistakes also enjoy fewer malpractices suits as well as better doctor-patient relationships, according to Modern Health Care.
End the Deny-and-Defend Culture
Experts say hospitals need a cultural change that ends their deny-and-defend attitude. In addition to implementing a formal process for investigating complaints, they must allow doctors to speak out without fear of reprisals. By investigating rather than denying complaints, hospitals can improve practices and decrease future mistakes. That’s true for all businesses.
“Apologies save money, sure. But more importantly, apologies save lives,” Rick Boothman, chief risk officer for the University of Michigan Health System, told Modern Health Care. After the health system implemented a communication-and-resolution program new claims fell from 7.03 to 4.52 per 100,000 patient encounters between 1995 and 2007. Monthly spending on patient compensation decreased by 59%.
Others reasons could account for the increased interest in apologizing. Accrediting groups, patient safety organizations and lawmakers are pressuring hospitals to be more transparent about errors. More states are adopting laws that cap damages in malpractice cases, reducing incentives for plaintiff’s attorneys to file suit. Some state laws allow doctors to say they are sorry without the apology being used against them in court as evidence of wrongdoing.
Training front-line medical staff is a key, according to the ACEP. Hospitals can develop scripts that cover regret, responsibility and remedies, and coach staff on how to deliver the scripts, including non-verbal communication.
That’s not bad advice for any business, not just hospitals.
Bottom Line: Hospitals can reduce malpractice lawsuits if they apologize to patients and their families. More importantly, they can reduce errors by investigating patient complaints rather than clinging to their traditional defensive strategies. Changing their ingrained deny-and-defend culture is challenging – but a necessary step in improving patient care.
William J. Comcowich founded and served as CEO of CyberAlert LLC, the predecessor of Glean.info. He is currently serving as Interim CEO and member of the Board of Directors. Glean.info provides customized media monitoring, media measurement and analytics solutions across all types of traditional and social media.
