Here's how to conduct a lawsuit debriefing
Keep it informal, document it informally, and draw in a wide group. Those are three elements of a successful lawsuit debriefing, say Anna Blair, MBA, JD, general counsel and director of quality management at Helen Keller Hospital in Sheffield, AL, and Sam Bishop, ARM, CHPA, director of risk management for Promina Northwest Health System, based in Marietta, GA.
Following are Blair's and Bishop's tips for conducting an effective lawsuit debriefing:
* Keep it informal.
The people involved have experienced their share of formalities, Blair points out. An informal atmosphere promotes the open discussion of knowledge and emotions that will bring closure to the process. Debriefings are not formal policy at either Helen Keller or Promina, although Blair is considering instituting such a policy. At Promina, "this is not a policy, just a practice," Bishop says.
* Document the process informally.
Much of the formal documentation of an incident takes place during the initial investigation. In keeping with the informal spirit of the debriefing session, Blair and Bishop do not have a rigid documentation procedure. Rather, they briefly summarize the results of the session for the interdisciplinary quality improvement committee, if needed.
* Invite the people involved and anyone who can help out.
Conduct debriefings with the people involved and anyone else who can provide information or assistance, the experts advise. "This is a flexible and creative process," says Blair. "I like to think that I can call in anyone who would be beneficial."
For example, Blair's debriefings involve every employee who works in a department where an incident occurred. If that means she must hold meetings during all three shifts, she does.
Blair invites the quality improvement coordinator, who is an RN, to lawsuit debriefings dealing with clinical issues. For infection control issues, she draws in the infection control coordinator and the medical director of the infection control council.
Can the manager be objective?
For lawsuits stemming from clinical procedures, Bishop begins the debriefing process by attending a regularly scheduled meeting of the nurse managers. Many times, the manager involved with the case is too close to it to be objective, Bishop says. Therefore, he prefers to discuss the outcomes of the suit with all nurse managers to get a broader perspective on the lawsuit.
In nonclinical cases, Bishop also begins by discussing the case with the management team. He then identifies employees with whom he would like to meet to discuss the case in greater detail. Bishop encourages those employees' immediate supervisors to attend the debriefings to provide emotional support and encouragement.
Both Blair and Bishop also recommend that the hospital's in-house attorney (if he or she is not the risk manager) and external counsel attend debriefings to provide their perspectives on the legal process. *
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