Archive for April, 2009

What are defining moments? by Pat Iyer

Wednesday, April 8th, 2009

Defining moments are created during the delivery of the anecdotes, explanations or stories that make the potent points about your client or your position. They can be delivered at any time during a trial: in opening or closing statements and through direct or cross examination, or during negotiations with an adversary.

How do you set off a defining moment? Use

• A pause
• An emphatic delivery
• Music
• An anecdote
• A story
• A quotation
• Silence before and after the defining moment

Allow time to HUD- hear, understand, and digest. Defining moments offer metaphors. They make you memorable, present a key message and help the audience act on the message.

Modified from Brad McRae and Ricky Nowak, National Speakers Association CD called “Crafting and Delivering Defining Moments”.

Here is an example of a defining moment drawn from the fact pattern of a personal injury case worked on by Med League:

Facts: The driver had just picked up her car at a garage which was supposed to have fixed her brakes. The attorney would say: “Jane pressed her foot against the pedal as she traveled down a hill. NOTHING happened. (Emphasis on “nothing”. (Pause.) She had a choice to make: roll through an intersection against a red light, or steer her car towards a building. (Pause.) She chose the building.”

Contact Med League to discuss our coaching services designed to help sharpen presentation skills.

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Can one person make a difference? by Pat Iyer

Wednesday, April 8th, 2009

The amazing story of Captain Chelsea “Sully” Sullenberger, the pilot who landed a plane on the Hudson River, reminds us that there are times that the right person is in the right place at the right time. Sully had 40 years of experience, understood how accidents occur, and was an aviation safety expert. Those of us who know the Hudson River well realize how many buildings line the river, and how many injuries were spared. The set of facts that led up to the loss of the engines will be studied by other pilots and incorporated into simulations so that others will benefit from Sully’s experience.

Unfortunately, the healthcare industry is reluctant to share its misfortunes and lessons learned with others, so we keep repeating the same mistakes. We need to move towards sharing and transparency so that errors don’t stay hidden behind the walls.

Tell us what you think. Can we transpose lessons from the aviation industry? Can we share mistakes in today’s litigation environment, or is that too risky? Write a comment.

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Insulin: More than a simple injection by Pat Iyer

Wednesday, April 8th, 2009

Have you litigated cases involving insulin overdoses? Insulin is commonly used to control the blood sugars of juvenile or Type 1 diabetics. It is a mistake to take this seemingly harmless drug for granted. Insulin is one of the most dangerous drugs on the market if administered in an improper amount. It is ordered in units. The “U” in a handwritten order has been misinterpreted as a “0”. Ten-fold overdoses have occurred when handwritten orders have been misinterpreted as 100 units instead of 10 units. A dose of 100 units may critically lower a diabetic’s blood sugar, which if uncorrected, can result in death. The Joint Commission’s National Patient Safety Goals specifically require Joint Commission-accredited hospitals to ban the use of U as an abbreviation because of the risk of it being read as a zero.

Children are at high risk for the ill effects of medication errors- they have little ability to survive a catastrophic medication error. The American Nurses Association and the American Nurses Association/California won an important victory involving administration of insulin to children by unlicensed personnel. The groups obtained a court order to stop the unlawful use of unlicensed personnel to give insulin to California school children. The effort to stop the practice was based on the premise that nurses who provided training and oversight to unlicensed personnel were at risk for disciplinary action by the state board of nursing. The administration of insulin by unlicensed personnel violated the Nursing Practice Act. The judge who issued the opinion in November 2008 stated that the Department of Education did not have concurrent authority over the administration of medications and could not override the Nursing Practice Act.

Source of news report: The American Nurse, November/December 2008

See our Medication Error DVD for more information about the subject.

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