How an apology led to a lawsuit:
After discussing the matter with their children and other relatives, the couple became convinced they were victims of medical malpractice and were thus “entitled” to be compensated. They then consulted a personal injury attorney who later filed the lawsuit. They acknowledged that had the emergency and radiology chairs not told them about the error regarding the failure to communicate the original chest radiography results, they in all likelihood would never have discovered the mistake and thus would not have had any reason to file a malpractice lawsuit.
(via Buckeye Surgeon)
Related posts:
- Doctor will not treat Oklahoma tort reform dissenters
- Stomach surgery
- Does sorry really work?
- Doctors suffer too when they make medical mistakes
- A GYN nurse misses Rocky Mountain Spotted Fever
- Will sorry really work?
- Does sorry really work?
KevinMD.com on Facebook
{ 5 comments }
I think the headline should read “Honesty doesn’t work all the time”
Presumably, a possible medical error is OK not to tell patients. Kevinmd apparently feels its OK to lie (or withhold info) from patients–and, if truth comes in the form of an apology, why it’s a crime to sue.
What self-absorption! Shakespeare was wrong–first thing, kill the doctors!
I don’t think anyone has ever claimed that sorry works *all the time.*
On balance, however, patients and families are far more likely to be forgiving when you are honest and regretful. And being honest and regretful helps heal some of the damage – for you as well as for the patient.
Of course it sucks when you apologize and still get sued. But since when have apologies become little more than a risk management strategy? Whatever happened to doing the right thing? And since when did patients and families owe it to you to forgive and forget just because you said the magic words?
It is interesting case. On one hand, there was no malignant error, just a mix up in communication. Does having more money change the diagnosis in some way? Why is patient entitled to money? Did the patient not choose to go to the physician?
It seems that this is part of the danger of being cared for.
Speaking as one who saw lies planted in his records, met additional lies trying to get them acknowledged and corrected, never saw anything even close to an apology, and DID NOT SUE…”I’m sorry” would have gone a long way toward helping me get over feeling like the human race is crap. But if you want to be responsible for ripping the souls out of your fellow men, just keep on keeping your mouths shut and your risk management lawyers on speed dial.
Kevin:
Your repeated implication that apologizing for hurting people is a manipulation technique to avoid lawsuits is cheesy and is embarrassing to your fellow physicians.
Comments on this entry are closed.