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TIPS & TOPICS from David Mee-Lee, M.D.
Volume 5, No.8
December 2007
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In this issue
-- SAVVY
-- SKILLS
-- STUMP THE SHRINK
-- SOUL
-- Until Next Time
Welcome
to the many new subscribers, as well as those who
have read TIPS and TOPICS for over four years now.
SAVVY
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Over a year ago, my malpractice company sent out
a special report alert titled "How do I say
I'm sorry? Let me count the ways". I kept it
aside to read, as doctors often have a hard time
apologizing. Then I opened the November issue of
Behavioral Healthcare and noticed Dr. Mary Cesare-Murphy's
article "It's important to say you're sorry".
In a recent case consultation the issue came up
- about whether to say sorry to a client who had
felt wronged by the agency. Then I knew I just had
to cover the topic this month.
Tip 1
-
Expressing
apology and saying "I'm sorry" is much
more effective than silence or defensiveness.
For a real or perceived mistake or poor outcome,
apology is likely to defuse anger, minimize or
eliminate violent outbursts, and prevent legal
or malpractice suits.
Defense
attorneys historically counseled physicians to avoid
saying "I'm sorry," assuming that the
patient or their attorney would argue that the words
were an admission of guilt and increase the likelihood
of a malpractice suit against the doctor. While
this seems a reasonable assumption, there is no
evidence to support this fear. In fact, the patients
most likely to sue or threaten are those who:
* have been injured or believe they were injured
* are angry about not having their questions answered;
about being given too little information about their
condition and treatment; about being treated coldly
or dismissively; and for other real or imagined
slights during the course of treatment (Page 2 MIEC
Special Report Claims Alert, 2006)
* did not have a comfortable, solid rapport and
trust from the outset of the doctor-patient relationship
Patients
who are injured or believe they've been injured
want at least three things:
* Sincere sympathy and/or an apology
* A show of concern
* An explanation for what happened and why; or a
commitment that every effort will be made to understand
the circumstances and to follow through with that
promise
Reference:
Medical Insurance Exchange of California (MIEC)
Special Report MIEC Claims Alert. No. 38, June 2006.
Tip
2
-
"Disclosing
mistakes and offering apologies are ethical responsibilities
supported by various professional, regulatory,
and accrediting organizations including The Joint
Commission" (Mary Cesare-Murphy, Ph.D.)
"Many
behavioral health professionals----- have had little
experience communicating mistakes because of feelings
of shame and guilt." (Page 38. Behavioral Healthcare,
November 2007). When I was a young resident in psychiatric
training, I treated a depressed and suicidal man
whose care I transferred to the team in a locked
psychiatric unit. A few days later, I read in the
newspaper that he had suicided by jumping out the
window of the hospital. I remember saying to my
supervisor that I didn't think I had done anything
wrong. Even though I had transferred his care appropriately
to a secure psychiatric unit, and was in no way
responsible for his death, my first reaction was
to somehow feel guilty and wonder what I had done
wrong.
Many
years later, a patient of mine felt he was doing
well enough to see me less, and in fact missed his
last scheduled appointment. A few weeks later, I
received word that he had gotten drunk and died
in a single car accident - most likely speeding
and driving out of control. Again my immediate thoughts
were about what I might have done to prevent that
terrible outcome. But I quickly called his father
and brothers to convey my sadness; to offer to answer
any questions that I could ethically respond to;
and to be available should they wish to talk. Not
only was that the compassionate and thoughtful thing
to do, but also an important step to minimizing
any anger, legal action or blaming.
Dr.
Cesare-Murphy outlined the fundamental elements
on how to disclose an error (Page 38):
*
An apology
* A prompt explanation of what is understood about
what happened and its probable effects
* An assurance that the error will be analyzed to
learn what went wrong
* Follow-up conversations to explain what is being
done to prevent the error from happening again
Reference:
Cesare-Murphy, Mary (2007): "It's important
to say you're sorry". Behavioral Healthcare
November, pp 38-39.
SKILLS
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But
what if the client is angry and threatening and
feels wronged, but you don't think there was an
error? Shouldn't the client be the one to realize
that their angry accusations, or veiled (or not
so hidden) threats of harm are inappropriate and
unjustified? Shouldn't the boundaries be set and
even have the police warn the client about the
consequences of violence or threats?
Tip
1
-
If
there are immediate threats of suicidal or homicidal
and violent behavior, prompt police action or
containment is necessary. But with angry threats
and accusations about real or perceived wrongs,
assess, address and apologize for any mistakes
made.
Case in point:
A client was required to receive therapy for depression
and an alcohol problem as a condition for stopping
the "welfare-to-work" clock. He would
continue to receive benefits so long as he was
deemed unable to work due to mental health and
addiction problems; and was addressing his issues
in treatment. In this case, the client was attending
all appointments regularly, had maintained a few
months of abstinence, was improving in his depression,
but continued to be ambivalent about his readiness
to move to a work experience setting.
-->
Now here is where the client felt wronged, angered
and started making veiled threats of violence
in "anonymous" phone calls:
It
was one team member's job to complete the form
stating whether the client was indeed ready to
work or not. This team member felt the client
was malingering, scamming the system and declared
on the form that the client was ready to work.
This declaration was not discussed with the therapist
working directly with the client; nor was there
discussion with the client about the impending
loss of benefits. Upon receiving notice of the
impending loss of benefits, the client became
enraged, and began a series of four anonymous
calls to the agency. They finally figured out
who was likely making the calls.
-->
The consultation questions were: Should the authorities
be called to visit the client and warn him of
his crossing boundaries with his anonymous threats?
What should be done to protect staff who felt
threatened by this angry client?
My
Response
* First rule out any imminent danger, and address
that if present.
* If the team assesses that the client is not
about to imminently arrive and threaten staff
with violence, then the safest way to protect
staff is to defuse the anger as quickly as possible.
* Do this by talking to the client on the phone,
but preferably in person if possible.
* The goal is to avoid any actions that would
further inflame the client's sense of having been
wronged. Would sending the police or sheriff to
the client's home defuse the anger and calm the
client? Or would it inflame the situation? Would
silence and closing his case - after his wife
reported he was angry and would not attend appointments
- decrease his resentment and any further acting
out? Or would this leave a smoldering fire?
-
If
you step on someone's toes, even if you had
no intention of causing pain and turmoil, still
apologize, open conversation and defuse anger.
When
you step on a person's toes literally or figuratively,
most of us would immediately say "sorry".
If we were clear we had no mal-intent and that
it was a pure mistake, we would have no hesitancy
in saying: "I'm so sorry I hurt you. I didn't
mean to step on your toes. What can I do to help
the pain go away?" This may not be so easy
to do if there was a part of you that wanted to
"sock it" to the person; and/or when
the person reacts with anger and threats.
It
is an occupational hazard of the helping profession
that there may be clients who are actually (or
appear to be) malingering or scamming the system
to get benefits, stay out of jail, get their kids
back, keep a job etc. However, this is a treatment
issue to be directly addressed with the client,
rather than a bad behavior to be punished. Addressing
what looks like manipulative, selfish and irresponsible
actions is not easy and often needs the team to
assist. But it is a treatment dilemma with the
client at the center of the discussion.
In
the short run it may seem easier to set a limit;
administratively discharge the client; close the
case; sign off on the form that the person is
ready for a work activity; or whatever gets the
person off your case load. But the problem will
not go away and he or she will be back - hopefully
not with a gun.
There
are all kinds of mistakes we can make in behavioral
health treatment. We didn't mean to step on the
client's toes, but people can, and do, feel wronged
if we:
-->
Prescribe a medication that produced severe or
uncomfortable side effects
--> Keep them waiting a long time for their
appointment
--> Confront them too strongly or prematurely
about a sensitive vulnerability
--> Exclude an anxious and concerned family
member or significant other who needs understanding
--> Don't explain the treatment protocol and
the client feels rushed or intimidated
--> Ignore the client's goals believing our
assessment is right and the client has poor insight
anyway
--> Get distracted by our own issues and quit
listening to the client for a moment
--> Set them up to be honest about substance
use, then get them sanctioned for their substance
use
--> In your quiet moments you can take
your own inventory and add to the list
Even
if the "milk of human kindness" is not
at this moment flowing through your veins, it
still makes good sense to reach out to an angry,
wronged person (real or perceived)- from a risk
management, malpractice prevention, and personal
safety point of view. Not to mention it might
just be one of the most healing actions you can
do for the client (and yourself). Start with an
apology for stepping on their toes. I know it's
easier said than done. Feel free not to
do it. Maybe I'll see you in court or the hospital.
STUMP
THE SHRINK
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Question
#1
Hello
Dr. Mee-Lee:
I
am the clinical supervisor for a small residential
substance abuse treatment program in Michigan.
I would like to know if you could give me some
direction in regards to documentation of group
and didactic sessions. Please bear with me as
I am stuck in the middle between my therapists
who feel constantly overburdened with paperwork
and the payers who focus on paperwork for the
last 15 years. I certainly agree that documentation
should be individualized and client-centered.
We provide theme-focused group therapy sessions
covering a vast array of early recovery issues.
Obtaining input from the clients over the past
years on what would be some of the more critical
issues to be confronted in treatment has driven
the specific themes. We have printed these themes
and associated information on group notes to save
redundancy of writing. This is followed by a therapist
summary specific to client participation in the
session. I have been directed not to preprint
anything on the documentation and each note be
individually hand printed or typed. Being a veteran
of many program reviews, (they used to be called
audits), and accreditations, it would be very
nice to get some direction so my therapists don't
lynch me, or worse yet, leave to go to another
agency and keep the payers happy so we can keep
fighting the good fight. I realize you are very
busy but any guidance would be greatly appreciated.
Thank you very much,
Larry
D. McCarrick,
Clinical Supervisor,
Eastwood Clinics, Residential Site,
Royal Oak, Michigan.
Response
to Question #1
Larry:
I
know it is tough to find the right balance between
documentation of the groups people attend and
individualizing the notes, without doing a lot
of writing. The treatment plan should be individualized,
and indicate how each client will use the group
and didactic sessions. The treatment plan strategies
will depend on the client's stage of change, goals
for treatment, and what they can get out of the
group session.
The
Progress Note should not just list the "theme
and associated information" covered, and
then the counselor adds a few lines about whether
the client was attentive or not, contributed or
not, was present or not.
If
your agency feels a need to document a list of
"theme-focused group therapy sessions covering
a vast array of early recovery issues," that
specific information need not all go into the
Progress Note. What should be written about is
whether or not the client worked on, benefited
from, improved skills from engaging in the strategies
they have agreed to do in their treatment plan.
Here
are the kinds of strategies that clients might
use in group:
1.
In group this week, I will role play an angry
situation and get feedback on my level of skill
and effectiveness of anger management methods.
2. I will write down all the times I was arrested;
and identify which times I had used or possessed
alcohol or other drugs within the previous 24-hour
period. I will share my list in group therapy.
3. I will attend an AA meeting or group session,
and note down two thoughts or feelings expressed
by another member that I identify with. I will
share these in group and discuss.
4. In group this week, two fellow clients will
role-play with me, offering drugs and persuading
me to party with them. I will receive feedback
from others on how I handled the peer pressure.
5. I will review the progression of addiction
and associated losses chart. I will circle any
descriptions with which I can identify, and will
discuss in group.
6. I am to identify what happens if I don't comply
with probation requirements, and report this back
to group.
7. I will verbalize in group what things need
to change in my life or not.
8. I will share in group what has been working
to prevent relapse.
There's
more on this in TNT February and March 2006 issues.
Hope this helps.
Click
to read February and March 2006 issues.
Question
#2
Dear
David,
I
am a long time member of Al-Anon. I am also a
psychiatrist working with challenging cases on
an Assertive Community Treatment (ACT) Team. For
the most part I truly love what I do. But some
of my cases are dually diagnosed and I struggle
with the question of just what is my responsibility
and what isn't when it comes to addressing their
addiction issues as a professional.
For
example, in Al-Anon I learned the three C's as
they pertained to the addicts/alcoholics in my
life: I didn't Cause it; I can't Control it, and
I can't Cure it. I learned Detachment with (or
without) love. I came to accept that no matter
what creative approach I tried (and there were
many) I could not get my loved ones to stop drinking/using,
but I could regain some of my serenity by prayerfully
surrendering their care to my Higher Power, and
by minding my own business.
As
a physician I am conflicted by what I perceive
as professional pressures to "do something"
with the patients with substance issues, as I
once felt pressured to do something with my loved
ones to "save" them. I am feeling like
I am responsible for coming up with new strategies
and pill combinations and the latest therapeutic
techniques to introduce to my patients who use,
whether they want to quit or not. And I fear if
any harm should come to them (because of their
own behaviors) if I have done little or nothing
to intervene, I will be sued for abandonment or
neglect. I get to be just as torn up on the action
versus inaction issue with my patients as with
my family.
What
am I missing here?
Thanks,
Bonnie
Response
to Question #2
Hi
Bonnie:
I understand your dilemma. As a physician, we
are interested in treating all conditions that
compromise a patient's well-being. So for co-occurring
mental and substance use disorders, I believe
we should engage the patient in a self-change
process for all disorders, including their substance
problems. As is usual, many patients don't see
how their substance use is causing problems. That's
when we use motivational enhancement strategies,
which may be necessary even for the mental health
problem too.
Detachment
is important for all problems. We should never
over-ride a person's will unless they are in imminent
danger of harm to self or others; and then only
for the time of de-stabilization.
The Serenity Prayer can guide us for all conditions:
--> Assertively and courageously change what
we do have control over (i.e. assessment, diagnosis,
motivational enhancement and use of systems leverage,
case management etc.)
--> Detachment to accept what we cannot change
(i.e. we can't make a person accept their mental
health or substance problems and make them stop)
--> It takes the team's wisdom to be clear
on what we can and can't change.
Mental
health people who have not had addiction treatment
experience can sometimes overlook or minimize
the substance problem; or they fail to use motivational
strategies to engage and attract a person into
recovery. But I believe we do need to work as
actively on the addiction issue as we do with
the mental health problem. I hope this addresses
your thoughts, but let me know if not.
Follow-Up
Response
Thank
you, David. I will learn more about the stages
of change and motivational interviewing/enhancement
strategies as the concepts are new to me but profoundly
bell- ringing. I suspect I will struggle with
"knowing the difference" in both personal
and professional instances. And I hope to get
clearer about the timing of offering each tool
I have, including meds, to the person with a substance
problem as I seem to be cookie- cutter concrete
and in need of guidance on many of these challenging
issues.
Bonnie
SOUL
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I
do training and consulting full-time. Nobody wants
a workshop or client or systems consultation during
Thanksgiving week or over the holidays. So it is
nice to use that time to catch up on sorting those
piles of unread journals or filing accumulated mail
and papers. This year, I took that to a whole new
level. My office has been a nightmare for months,
if not years. Our garage has been chocked full of
file boxes of articles, old committee Minutes, past
projects and memorabilia.
All
this "stuff" just must be kept
for that possible time when I might
want to look at them. None of the boxes has been
opened in years and we have carted them between
Massachusetts, Hawaii and California.
So
Thanksgiving week was the week. This was the cleansing.
Slash and burn; sort and dump; discard and recycle.
I don't have a hoarding addiction, but some might
accuse me of that. I know I don't have that problem
after that week, because our city recycle center
had a dumpster full of paper I threw out.
With
the end of the year coming quickly, it is a good
time to be thankful for what we have, but to simplify
and focus on what we really need. The office and
garage cleansing has been concretely necessary to
unclutter our space. But it has also been symbolic
of creating "psychic" space to allow new
and creative ideas and directions to germinate and
blossom.
With
the heavy consumerism pressure of the holiday season,
it might seem this is not the time to downsize and
buy less. But then again, this might just be the
right time to be mindful as you hit the shopping
malls-- --mindful of the impulse to buy more, clutter
up more, hoard more. I hope I can keep visioning
that open space to make sure I don't need another
massive cleansing next year.
Until
Next Time
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Have a safe and happy, healthy holiday season. See
you next year.
David
Contact Information
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email: info@dmlmd.com
phone: 530-753-4300 PACIFIC
web: http://www.dmlmd.com
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2007 DML Training & Consulting | 4228 Boxelder
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