Here's an interesting study abstract by Benjamen Ho, at Cornell University. A study was done concerning whether apologies made by physicians are effective in preventing or reducing litigation.
This comes as no surprise to me. As a nurse who has worked in the health care field for over 30 years now, as well as being a patient myself, I've seen, time and again, that saying, I'm sorry, actually works.
Patients do understand that physicians are only human. Saying, Sorry, and trying to correct the problem, goes a long way to increasing that understanding. Being ignored doesn't.
It only leads to anger, resentment, and an overwhelming feeling of helplessness and despair, in a patient who had once placed a great deal of trust in his physician's hands.
It's also important that physicians take the time to actually listen to their patients. I can't count the number of times patients have expressed their frustration at their physician for not taking the time to talk AND listen to them. Patients are a whole lot more forgiving if they feel like they've been treated with consideration and respect all along.
A related study was completed many years ago, which reviewed the primary reasons why patients sued their physicians. The results indicated that it wasn't so much the injury itself that increased the chances of litigation. But, it was the patient's anger at an unresponsive, unapologetic physician, which finally led to the patients filing suit.
Benjamin Ho
Cornell University - Johnson School of Management
Elaine Liu
University of Houston
October 1, 2010
Johnson School Research Paper Series No. 04-2011
Abstract:
Apologies made by physicians for adverse medical events have been identified as a mitigating factor in whether patients decide to litigate. However, doctors are socialized to avoid apologies because apologies admit guilt and invite lawsuits. An apology law, which specifies that a physician’s apology is inadmissible in court, is written to encourage patient-physician communication. Building on a simple model, we examine whether apology laws at the State level have an impact on malpractice lawsuits and settlements. Using a difference-in-differences estimation, we find that State-level apology laws could expedite the settlement process. Using individual level data, we also find that apology laws have the greatest reduction in average payment size and settlement time in cases involving more severe patient outcomes.
Date posted: January 21, 2011
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