Apology Shield, Still not asking the right question.
Attorney
(866) 735-1102 Ext 335
We are talking about apology shields and how it affects America’s character. Today I want to discuss a statement that is quoted from the original investigation by a group of researchers that includes doctors. The article is from 2006 and the Archive of Internal Medicine, Volume 166, August 14, 2006.
2006 Arch Intern Med., US and Canadian Physicians’ Attitudes and Experiences Regarding Disclosing Errors to Patients, by Gallagher et. al.
The public is informed that lawyers, laws and law suits are the cause of physicians not being able to reform the error prone systems that exist in some places in America’s hospital systems. In fact the opposite is probably truer. Read the conclusion from the research group from the Departments of Medicine at the University Of Washington School Of Medicine, the Washington University School of Medicine, Waterman Research Solutions, BJC HealthCare, the The University of Toronto Department of Medicine and The University of Toronto.
"In conclusion, the medical profession should consider whether the culture of medicine itself represents a more important barrier than the malpractice environment to the disclosure of harmful medical errors to patients. Patients justifiably expect that harmful medical errors will be disclosed to them. Increasing physician engagement in efforts to communicate openly with patients following errors and to enhance patient safety could provide a much-needed boost to patients’ confidence in the quality and integrity of the health care system.”
The medical profession itself points out the greatest hindrance to a better system is within its control. Change the culture and you’ll change the number of injured patients. So why continue to point the finger at the laws, lawyers and law suits? Is it simply a matter of being greedy?
Now I don’t point out this inconsistency to attempt to persuade the public not enact tort reforms that harm the patient’s economic position; the public will do whatever it wants to based not on actual facts but on assumptions that make them feel better. And that’s true even if they make no sense and won’t work. The issue has been politicized and when that occurs there will be no workable solution. Instead of reducing injuries the proposed solutions are going to increase the number of medical mistakes. The cost of those errors is being placed on the patient’s side of the balance sheet. I disagree with some of my fellow attorneys as to the solution and all the political influence. I believe we need to give the public what they want; allow them to suffer the consequences of their false beliefs and when the pendulum comes back it will come roaring back.
What’s being proposed simply isn’t a solution. Asking why there are so many lawsuits is the wrong question. The right question is why there are so many injuries. You can take away all the lawsuits, put the plaintiffs’ bar in Purgatory and in the end you will have more, not fewer injuries. Where there are consequences there is accountability. Where there is immunity or caps on damages there is no reason to care about doing the wrong thing.
BLOG COMPENDIUM
The Injuryboard Series on the Medical Apology Shield, by Steve Lombardi of the Lombardi Law Firm
1. Why Should I Apologize? -
Steve Lombardi | September 22, 2009 9:42 AM | Des Moines, IA
Hopefully our mother’s and father’s taught us that after you do something wrong you should apologize. The apology is meant to communicate a sincere feeling of remorse. We are taught...
2. "I'm very sorry.", but really I'm not.
Steve Lombardi | September 23, 2009 10:49 AM | Des Moines, IA
Yesterday we discussed three recent incidents where an apology was necessary to correct an error of judgment. Those incidents involved Kanye West, Serena Williams and Congressman Joe Wilson....
3. An Apology Free From Risk, Isn't Really An Apology
Steve Lombardi | September 24, 2009 10:15 AM | Des Moines, IA
After making a mistake why should medical professionals want to apologize? How about because it’s the right thing to do and you’ll sleep better at night having set the record straight...
4. Why are there so many lawsuits?
Steve Lombardi | September 25, 2009 4:17 PM | Des Moines, IA
It's the question every tort reformer loves to ask and it's probably because then it's easy to avoid the real problem. On September 3rd 2009 15 year old Rachel Stewart was headed north on I-380...
5. How To Expose The Fake Medical Apology
Steve Lombardi | September 25, 2009 10:05 AM | Des Moines, IA
A Patient’s Guide to Dealing with the New Fake Medical Apologies Today's apology is Chris Matthews apologizing for his characterization of Hillary Clinton's success in politics coming down to...
6. Apology Shield - Diagnosing Truth With a Broken Lie Detector
Steve Lombardi | September 26, 2009 10:47 AM | Des Moines, IA
WHY IT’S IMPORTANT TO EXPOSE THE FAKE APOLOGY We’ve been covering the apology shield this week and I’m having fun with it, but deep down there’s a serious side to this...
7. It’s Too Late To Apologize
Steve Lombardi | September 28, 2009 10:43 AM | Des Moines, IA
WHY THEY ASK FOR THE RIGHT TO LIE WITH A FAKE APOLOGY An interesting thing about those wanting the apology shield is the emotion that drove them to ask the Iowa legislature to enact the law....
9. What States Officially Sanction The Apology Lie?
Steve Lombardi | October 01, 2009 10:10 AM | Des Moines, IA
We shouldn't wonder why this next generation seems confused and uncommitted to community. With 35 states either considering or having passed laws allowing perjury by legal fiction they should be...
10. What States Officially Sanction The Apology Lie?
Steve Lombardi | October 01, 2009 10:10 AM | Des Moines, IA
11. Apology Shield, Still not asking the right question.
Steve Lombardi | October 02, 2009 10:15 AM | Des Moines, IA
We are talking about apology shields and how it affects America’s character. Today I want to discuss a statement that is quoted from the original investigation by a group of researchers...
12. Fake Apology, State Sanctioned Lies
Steve Lombardi | October 03, 2009 9:35 AM | Des Moines, IA
I’ve covered the apology shield and today will be my last post on this subject, at least for now. I see it as state sanctioned approval of lying under oath. Some may disagree, but let me...
LAWYER AND NEWS REPORTER TALK: It’s time to sign off on this series about the medical apology shield, but it’s not time to stop thinking about it. If you send your news story, case ruling or the citation and title I’ll post about the effects of this rule of evidence and how it affected your clients and the other parties to the case. That offer is extended to both sides of the courtroom, plaintiff and defense. The offer is also directed to all news media reporters and to Judges whose rulings affect the rights of people and the fabric of the American culture.
You may contact me at sdlombardi@aol.com or fax it to 515-222-0718 or by snail mail to Lombardi Law Firm, 4200 Corporate Drive, Suite 112, West Des Moines, Iowa 50266. I enjoy hearing from all the parties and encourage the physicians to contact us as well. We will talk to you confidentially if so required.
From the Injuryboard and The Verdict, I remain true to the truth, even when it is unpleasant to write about or to hear. Steve Lombardi