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LANCASTER, PA, October 29, 2008 – James W. Saxton,
Esq. and Maggie M. Finkelstein, Esq., of Stevens & Lee co-authored a
paper titled “Ethics Training Needs to Emphasize Disclosure and
Apology” published in the HEC Forum by SpringerLink. The
paper was also co-authored by Doug Wojcieszak, founder of the Sorry
Works! Coalition.
The authors write about the need for educational ethics programs for
medical schools and nursing schools to incorporate the concept of
enhanced communication post-adverse event, or what is commonly
termed “disclosure.” They contend that healthcare professionals have
an ethical obligation to inform and patients have a right to know.
The paper cites that healthcare professionals often fear anticipated
potential implications of disclosure that could adversely affect
them, their partners and their hospitals. The truth, the paper
argues, is that when done right, disclosure post-adverse event is a
win-win for the patient, the doctor and the hospital.
ABOUT THE AUTHORS
James W. Saxton chairs Stevens & Lee’s Health Care Litigation
Group and co-chairs its Health Care Department. He lectures
frequently and is an invited speaker across the country on health
care issues, including liability reduction and risk management. He
is an active trial lawyer, representing providers in state and
federal court and administrative proceedings. His practice includes
litigation, licensing and medical staff issues. He uses his
experience as a litigator to advise hospitals, medical groups and
retirement communities throughout the United States in connection
with understanding and reducing their professional liability risk.
In addition, Mr. Saxton develops risk reduction strategies for
health care providers and organizations nationwide and has created
innovative strategies and educational programs to support them. This
includes the creation of complete customized loss control programs
and event management systems for self-insured organizations and
captive insurance groups. Mr. Saxton has published more than 200
articles, several handbooks and seven textbooks including most
recently, Five-Star Customer Service: A Step-by-Step Guide for
Physician Practices.
Maggie M. Finkelstein concentrates her practice in health law with a
focus on loss control and event management for physicians,
hospitals, staff and long-term care communities. She has developed
risk reduction opportunities in the health care industry. Ms.
Finkelstein has conducted research and analysis of various risk
management and liability risk issues including the risks associated
with bariatric surgery, gastroenterology and obstetrics. She also is
a member of the Litigation Group, litigating in both federal and
state courts, defending physicians, hospitals, and long-term care
communities.
Ms. Finkelstein is a member of the American Health Lawyers
Association and regularly publishes on loss control and risk
management topics, including books, handbooks and book chapters. She
is the co-author of Sorry Works! Disclosure, Apology and
Relationships Prevent Medical Malpractice Claims; Five-Star Customer
Service: A Step-by-Step Guide for Physician Practices; 15 Policies
and Procedures to Reduce Liability for Physician Practices;
“Bariatric Surgery: A Comprehensive Bariatric Program Can Act to
Reduce Liability Risks and to Promote Patient Safety”; “The New
Universal Protocol: Can Adhesive Labels Prevent Wrong Site Surgery
and Reduce Liability Risks?”; and Minimizing Endoscopic
Complications: Gastrointestinal Endoscopy Clinics of North America.
Doug Wojcieszak is the Founder of the SorryWorks! Coalition, an
organization dedicated to promoting full-disclosure methods as a
middle-ground solution to the malpractice crisis. Mr. Wojcieszak has
spoken on disclosure and apology to thousands of medical, insurance,
and legal professionals in the United States, Canada, and Australia.
In December 2007, Mr. Wojcieszak released the SorryWorks!
book co-authored with James Saxton and Maggie Finkelstein. The book
has sold thousands of copies and is listed on Oprah Selects.com. Mr.
Wojcieszak teaches healthcare, insurance and legal professionals
that what patients and families want most after adverse events and
bad outcomes is honesty, accountability, communication and a real
commitment to fix problems.
ABOUT STEVENS & LEE
Among the 200 largest law firms in the nation, Stevens & Lee is
part of a multidisciplinary professional services platform which
also consists of a FINRA-licensed investment bank, an SEC registered
money manager, a D&O and E&O insurance risk consulting business, a
swap and derivative advisory business, federal and state lobbying
units, a health care risk consulting business and a government
incentives and sales and use tax consulting business.
The firm’s 240 multidisciplinary professionals represent clients
throughout the Mid-Atlantic region and across the country from 15
offices in: Reading, Harrisburg, Philadelphia, Valley Forge,
Lancaster, the Lehigh Valley, Scranton and Wilkes-Barre,
Pennsylvania; Princeton and Cherry Hill, New Jersey; Wilmington,
Delaware; New York City and Charleston, South Carolina.
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