The Value of "I'm Sorry"
When I was going through mediator training in January, one of my classmates talked about a group called Sorry Works! The idea is that an honest apology by someone (like a doctor) who made a mistake can often prevent the filing of a lawsuit. The apology would also include a full disclosure of what went wrong and an offer to settle the matter, which is why it's often referred to as "full disclosure/early offer." Illinois recently set up a pilot program to see if this approach really works. This article gives a good overview, along with some intriguing figures from the University of Michigan Health System, which started taking the "full disclosure/early offer" approach in 2002:
In August 2001, there were 262 total claims, ranging from presuit notices to active litigation; in August 2002, there were 220 total claims; 193 claims in August 2003; 155 claims in August 2004; 114 claims in August 2005; and since that time, the total number of claims has fallen to fewer than 100, Boothman said.
Within the same period, the university has cut its average claim-processing period from 20.3 months to 9.5 months, halving its average litigation costs. Also, its total reserves on medical malpractice claims dropped by more than two-thirds, he testified.
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