Practice Management Alert

Best Practices:

Wary of Litigation? Try This 1 Little Thing

Hint: Assuage hurt feelings for both patients and employees.

One simple — but possibly very difficult! — thing that could curtail having a malpractice or employment lawsuit brought against you? An apology.

“Apologies — statements that acknowledge an error and its consequences, take responsibility, and communicate regret for having caused harm — can decrease blame, decrease anger, increase trust, and improve relationships. Importantly, apologies also have the potential to decrease the risk of a medical malpractice lawsuit and can help settle claims by patients,” says Jennifer K. Robbenholt, PhD, JD, at the University of Illinois College of Law, in a study titled “Apologies and Medical Error.”

Professionalism Can Be Compassionate

A lack of professionalism can cost your practice patients, says Terry Fletcher, BS, CPC, CCC, CEMC, SCP-CA, ACS-CA, CCS-P, CCS, CMSCS, CMCS, CMC, QMGC, QMCRC, owner of Terry Fletcher Consulting Inc. and consultant, auditor, educator, author, and podcaster at Code Cast, in Laguna Niguel, California.

It’s not a stretch to say it can cost a practice employees, too.

Professionalism encompasses myriad qualities, from the education or knowledge someone has accrued to the clothing they choose to the manner in which they interact with others. Professionalism can set apart a colleague or practice, from the perspective of employees or patients.

“You can depend upon a professional to accomplish a task set before them, which gives you trust, but you also hold yourself accountable for work and deed and your word, and you do the right thing for the right reason. Professionals have learned the secrets of forming good relationships, by treating others with the same level of respect that you want,” Fletcher says.

Leaving room for apologies when warranted can be part of any professional or interpersonal relationship.

Make Space to Acknowledge Wrongs

In many situations when a patient feels wronged, an apology can help mitigate hurt feelings or the potential for an escalation of reactions. An apology can help a patient feel seen and heard, honoring how they perceive and experience a medical situation or an interpersonal interaction while they receive care.

“Incorporating apology into conversations between physicians and patients can address the needs of both patients and physicians and is consistent with the ethics of the medical profession, ethics that focus on the necessity for trust between physician and patient,” Robbenholt says.

“Perhaps the most commonly cited barrier to disclosure and apology by physicians and risk managers is fear of litigation or legal liability. At the same time, however, the link between the risk of litigation and willingness to disclose has not been established,” Robbenholt says.

Plus, in the U.S., more than two-thirds of states have enacted legislation that prohibits admitting a doctor’s apology as evidence in litigation over liability, she notes.

De-Escalation is Crucial

Apologies can make sense in situations providers have with patients, but they can also be an important tool for practice management, especially for managing people. Cultivating a workplace that promotes accountability while acknowledging feelings may help avoid situations where employees feel disgruntled.

While the nuts and bolts of employment law don’t change depending on the relationship an employee has with their employer, there’s no doubt that an employee’s emotions toward a workplace incident can dictate their path forward — and whether that path includes expensive-for-both-parties litigation.

While it may not be a “good idea” for employers (or managers or human resources) to apologize to an employee being terminated, the employee’s emotional state can impact how they respond to termination during a conversation or in the following days, says attorney Brian Sabey at Hall & Render, in online analysis.

While you may want to avoid an outright apology in such situations, knowing how to listen and show compassion can be helpful. De-escalating emotionally fraught conversations and putting time and energy toward relationship management of employees, generally, may serve as useful tools in cutting workplace tension or even as a deterrent to employee-brought lawsuits.