Healthcare providers: from heroes to villains
Just four years ago healthcare providers were hailed as heroes by their communities. However, today in the US nuclear verdicts are increasing in severity and frequency with plaintiff’s counsel placing healthcare providers in the role of the villain.
And juries have accepted this portrayal despite any positive community sentiment healthcare providers engender.
In a panel discussion at Cayman Captive Forum 2024 this week entitled ‘When Did We Become The Villains?’ the Cayman Captive Forum 2024 provided a platform for a discussion on the shifting perceptions of healthcare providers. Panellists Brenda McDonald (Chief Risk Advisor, Aon), Chris Heckman (Chief Operating Officer, MCIC Vermont), and Steve Wasserman (Director, ATG Assurance Company, BJC Health System) explored how healthcare has been both hero and villain in the eyes of the public. The conversation focused on the villainisation of healthcare organisations, the role of storytelling, and strategies for counteracting negative perceptions.
Heckman drew attention to how healthcare professionals, lauded as heroes during the COVID-19 pandemic, have since been vilified in media, courtrooms, and public discourse. "People’s memories are short," he said, lamenting how quickly the narrative shifted. Heckman pointed to podcasts, documentaries, and news articles that have painted healthcare institutions as profiteers or careless entities, often before legal cases conclude.
Heckman illustrated this trend with examples like Retrievals, a podcast detailing malpractice in a fertility clinic, and Take Care of Maya, a Netflix documentary about a family's dispute with a hospital. Both cases, he noted, were publicised before legal resolutions, potentially influencing public opinion and judicial outcomes.
McDonald highlighted the dichotomy in public opinion regarding healthcare providers. While doctors and nurses are seen as highly ethical, hospitals and insurance companies often face scrutiny. Citing Gallup data, she noted, "96% of people have a favourable view of doctors, but this goodwill doesn’t extend to the institutions they work for.” McDonald suggested this disconnect allows plaintiffs' attorneys to redirect juries' sympathies towards their clients by portraying hospitals as faceless corporations prioritising profits over care.
The panellists also addressed the financial strains contributing to public discontent. Rising healthcare costs, out-of-pocket expenses, and medical debt—combined with high-profile lawsuits resulting in "nuclear verdicts"—have created an atmosphere of distrust. Medical debt affects 100 million Americans, the panel noted, emphasising the scale of the problem.
Central to the panel's discussion was the art of storytelling. Plaintiffs’ attorneys, McDonald observed, have mastered crafting compelling narratives that resonate with juries. This strategy often capitalises on extreme cases to foster outrage and drive up settlement values. “Behind every villain lies a broken heart,” McDonald remarked, highlighting the emotional weight of these narratives.
Wasserman reinforced this point, noting how modern litigation is now supported by private equity investments, turning malpractice lawsuits into an industry. "When private equity wants to fund litigation for a return on investment, you know it’s become a business," he said.
Healthcare workers face mounting pressures, from burnout to unrealistic public expectations. "Healthcare is human care," McDonald stated, yet many people view medical errors as unacceptable, even in a system where mistakes are inevitable. This perception, she argued, exacerbates the challenges faced by healthcare institutions defending against malpractice claims.
The panellists also discussed the impact of these pressures on morale and recruitment. McDonald noted that while most healthcare workers are mission-driven, the increasing scrutiny and litigation normalise adversarial relationships between patients and providers.
To combat negative perceptions, the panel emphasised the need for healthcare organisations to regain control of their narratives. Heckman advocated for proactive communication strategies, particularly in response to media portrayals. McDonald suggested that transparency and a renewed focus on patient trust could help mitigate public discontent.
The panellists also stressed the importance of addressing systemic issues, including pricing transparency and equitable care. "No one goes to work wanting to hurt people," McDonald said, countering the notion that extreme verdicts are the only way to incentivise change.
The villainisation of healthcare is a complex issue rooted in public perception, systemic challenges, and the power of storytelling. As McDonald summarised, "Healthcare workers are not villains; they are human beings working in an imperfect system." To move forward, the industry must address these perceptions head-on, balancing transparency with a commitment to compassionate care.
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