APMA News - September 2011 - (Page 56)

Insurance Advisor By William F. Munsey, DPM Appeals and Apologies QUESTION: I have just been through the harrowing experience of a malpractice suit and trial. Fortunately, the jury found me innocent of committing malpractice. Just as I was getting back to normal, I was notified that the plaintiff’s lawyer appealed the decision. I had hoped I was finished with this problem. Can you comment? ANSWER: A plaintiff’s lawyer can only base an appeal on a legal error he or she believes occurred during the trial, not on the verdict itself. Many people erroneously believe that the losing party appeals most malpractice trials. The Podiatry Insurance Company of America (PICA) reports that less than 5 percent of its ANSWER: Doug Wojcieszak, founder of the Sorry Works! Coalition, provides these guidelines: first, empathize; second, avoid admission of guilt; and third, avoid “mushy” statements that do little to calm the nerves of upset patients. Instead of reducing tension, mushy statements cause anxiety and increase the chances of litigation. For example, a mushy statement may lead a family to ask, “What did the doctor mean when he said he will ‘look into it,’ and when is he going to get back to us?” Exert leadership and take control of the situation: “I’m sorry the surgery did not turn out as we expected. We are examining the facts to learn what happened and will touch base with you again to share what we have learned by 3 p.m. tomorrow. In the meantime, if you have any additional questions or want to share information with me, here is my card with my cell phone number on it. Please call any time. Again, I am sorry this happened, but we will get through this together.” There is nothing mushy in this statement. Clarity is important when you are dealing with emotionally traumatized people. Such people are looking for leaders. Provide this leadership, or they might seek leadership from other people, including a lawyer. Make sure to keep your commitment to contact the patient or family at the appointed time even if you have not uncovered meaningful information. Skipping the promised meeting raises negative concerns such as: “Where is the doctor? He promised to call! Is the doctor afraid to tell us something? Is the problem worse than we expected? Did his lawyer tell him not to talk with us? Should we get a lawyer?” Try the following: “Mrs. Jones, it’s 3 o’clock, and I promised to call. We don’t have the answers yet, but I can tell you how the investigation is proceeding, who we are talking with, and share the information we have gathered so far. We will meet again with you tomorrow at 3 p.m., if that is convenient for you and your family. Also, while we are talking, I would like to know if you have any questions or have additional information you can share with us.” These strategies will go a long way toward making the family feel that you are sympathetic to their situation and have their loved one’s best interests at heart. n Dr. Munsey can be reached at wfmunseydpm@ gmail.com. A plaintiff’s lawyer can only base an appeal on a legal error he or she believes occurred during the trial, not on the verdict itself. Many people erroneously believe that the losing party appeals most malpractice trials. cases going to trial are appealed. However, the national average may be somewhat higher. The percentage is so low because the appealing party may only challenge questions of law and not questions of fact. If either side believes that a judicial error occurred during the trial or the verdict was not adequately supported by the weight of the evidence, that side can submit to the court a motion for a new trial. If the court denies the request, the requesting party may be entitled to appeal the denial to the appellate court. If the appellate court denies the appeal, the losing party may have the opportunity to seek a review by the state supreme court. If the appeal is granted, the case may be returned to the lower court for retrial. Few cases are sent for retrial. QUESTION: I have a situation where a surgical procedure did not turn out as well as planned. I want to take your advice and be up front with the patient and her family, showing empathy without admitting guilt. How would you suggest I approach this touchy subject with the patient and her husband? 56 APMA News September 2011

Table of Contents for the Digital Edition of APMA News - September 2011

APMA News - September 2011
President’s Message
Contents
Highlights from the 2011 Annual Scientific Meeting
Residency as a First Step to Parity
Residency Consortium Enhances Podiatric Medical Training
The Value of Building Relationships with Legislators
Reimbursement
Federal Advocacy Forum
IT Consultant
Can They Really Do That?
Members Who Know Media
Technofile
Young Voices
Small Business 101
CPME Update
APMAPAC Chair Report
APMA All Stars
In Short
Worthy of Note
Affiliates Corner
List of Affiliated Organizations
Insurance Advisor
New Members
Death Notices
APMAPAC Update
Bylaws Propositions Due
Development Update
Annual Scientific Meeting Sponsors
Classified Advertising
Dates to Remember
Advertising Index
10 Questions

APMA News - September 2011