Experts at the Institute of Medicine estimate that almost 98,000 people die each year from medical errors that occur in hospitals.  That’s more than the number that die from motor vehicle accidents, breast cancer, or AIDS.   A key theme that emerges in these cases is that legitimate liability concerns discourage prompt reporting of errors.

I first wrote about this several years ago in a tip called “The Power of An Apology.”  It explored the experience of the medical community in apologizing to patients injured by malpractice.  In short, many doctors and hospitals have learned they can deflect claims and avoid big jury verdicts by fully explaining to patients exactly what went wrong and expressing their sympathy and remorse.  The lesson here is that acknowledging a mistake and apologizing can have a beneficial effect on settlement discussions.

Why do apologies work?  Because they hold the potential to alter not only an injured person’s view of the dispute, but most importantly, their view of the defendant.  An effective apology diminishes the anger the recipient initially feels, leaving them more open to the possibility of settlement.

Recently, the Wall Street Journal carried a remarkable story showing how transformative this approach can be.  It described a crippling brain injury suffered by a toddler named “Kaelyn” when she was under sedation for an MRI procedure.  Hospital personnel failed to notice that Kaelyn’s breathing tube became dislodged, cutting off oxygen to her body.

In responding to the tragedy, the hospital took steps to do more than simply reach a financial settlement with Kaelyn’s family.  After studying the chain of events leading to her injury, the hospital adopted new procedures designed to ensure this kind of accident never happens again.  It even appointed Kaelyn’s mother as a community liaison and member of the hospital’s quality-and-patient-safety committee.

When things go wrong, instead of retreating behind a wall of silence, acknowledging a mistake can sometimes be the best medicine.

Mark Loeterman
Mark Loeterman Mediation
Email: Mark@MLmediation.com