A hospital disclosure program is a formal way some hospitals talk to patients or families after something goes wrong during care. Some hospitals call it CANDOR (Communication and Optimal Resolution), DA&O (Disclosure, Apology, and Offer), or CRP (Communication and Resolution Program), but the general process usually works the same way: someone from the patient’s medical team, a hospital executive, patient relations, or risk management, reach out to you to explain that the hospital is going to look into what happened and share additional information with you. Then, a team from the hospital meets with you, explains what their internal review found, and sometimes offers an apology, a carefully crafted explanation, or even money in exchange for a promise not to file a lawsuit.
Hospitals often describe their disclosure programs as open and honest with patients, and for some hospitals, that’s genuinely part of the goal. But other hospitals use these programs to reduce lawsuits and the value of legitimate claims. In other words, the disclosure program is used to mitigate risk and protect the hospital financially.
Hospitals sometimes reach out immediately after an unexpected bad outcome occurs, but a formal disclosure meeting often takes place weeks or months later. Hospitals often present the meeting as a chance for you to get answers, and after a traumatic event, that can feel like exactly what you need.
What many families don’t realize is that the hospital has prepared extensively for this meeting. Their team has reviewed the internal investigation, talked with the hospital’s lawyers, and planned what to say, and how to say it, before ever sitting down with you. It’s a planned presentation from people whose job includes protecting the hospital.
Yes. Talking with the hospital’s team and talking with your own lawyer are not in conflict. Meeting with the hospital doesn’t take away your right to get independent legal advice, and hiring a lawyer doesn’t mean you have to distrust everything the hospital tells you. It just means someone is protecting your legal rights, asking questions on your behalf, and helping you understand your options before you commit to an important decision.
Morris James represents families navigating hospital disclosure programs. We will review what the hospital has told you, request records and information the hospital’s process may not have shared, and help you figure out your options and legal rights. Contact our attorneys to discuss your situation before talking to the hospital team.
Morris James represents families navigating hospital disclosure programs on a contingency fee basis. There’s no upfront cost to speak with us, and no fee unless we recover money for you. When you call, you reach a Delaware attorney directly, not a call center.
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