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apology or an explanation, so you end up getting an attorney and suing. And the
healthcare provider who's sued goes through an agonizing experience — only to set-
tle on the courtroom steps years later. Many say a medical malpractice case is the
worst experience of their lives.
• CORE. We call it CORE: Communicate Openly, Resolve Early (CORE). The
hallmark of a good disclosure program is not only telling the truth to patients,
but also managing the harm you caused. This is a sea change for organizations
brought up with the idea of deny and defend.
• Faster resolution. The science shows that treating patients with respect,
empathy and honesty drives down the time of a malpractice case by 80%. Legal fees
also drop 80%. It's good business to take full accountability for an error. It's a more
economical way of resolving things. And you can't put a price tag on preserving
your reputation. Imagine the damage you do to your reputation when you're in a
lawsuit with a patient for 3 or 4 years. You become the enemy.
• Fair settlement. The goal is not to avoid writing checks to patients when it's
justified, but to support patients whenever possible without a huge amount of
money going to the legal system. We need to ask what is the fair settlement for
the harm that we did. You want to avoid multimillion-dollar jury decisions, but be
fair to patients and provide what they need. Just don't use the legal system to get
there.
• Say you're sorry. The key to making this work is to have an emotionally heal-
ing discussion with patients. Without an empathetic bond, it's hard to move for-
ward. Authentically connect with patients so they know you understand the extent
of their suffering. When a patient has an unexpected outcome, the first question is
whether the care was appropriate. Show empathy and sympathy if the care was
appropriate. Apologize and manage if it's not appropriate.
OSM
