Exam Info

When Someone Makes Threats

Note: I am not talking about physical threats here. If someone physically threatens you, I recommend that you get away from them as quickly as possible -- in other words, don't be a hero and try to fight them -- and immediately call law enforcement, and press charges, if possible. Don't take physical threats without immediate, prompt, and sustained response.

No, what I'm talking about are verbal threats of various actions. Usually, the threat involves one of 2 things: either "I'm going to sue you," or "I'll report you to whatever licensing board you are under."

The first threat happens on rare occasions. People who become self-employed or contractors always worry about lawsuits. The reality is that almost no one even threatens to sue, much less actually goes through with it. The second threat is even less rare, because almost no one realizes that licensing boards (such as the Board of Nursing, on my part) have a disciplinary process.

There are people who like to make threats. They will threaten to sue you if you have bad breath. For the few times (out of the thousands of people I've seen), I just usually look directly at them, and say, "You have to do what you have to do." Call their bluff. They have no intention of going to the trouble of suing you. It's just something they say. However, if the words "lawsuit" or "sue" come up in a conversation with a client, take the following actions:

1. Gather every bit of information you have about this case. Lab tickets, exams, exam orders, any notes you might have made. Make a photocopy of the your appointment book for the time you saw the person (or whatever you use).

2. Sit down and write down everything you know about this case. Write down how you received the order, from who, whether by phone, email, or whatever. Give a history of your contacts with the person. Tell about the circumstances of the exam, where it was completed, how you got there, how long it took, what the weather was like, everything. Tell about what the person looked like, how they acted toward you, and whether anything unusual occurred: difficult blood draws, odd behavior on the individual's part, etc.

3. Finally, be honest and straightforward with the person. Answer their phone calls or other contacts without getting angry and yelling. If they scream, shout, whatever, make yourself sit still and not respond. When they are finished shouting, simply ask, "Are you through now?," and then respond, "When you are ready to discuss this in a civil manner, I will be happy to speak with you. For now, though, I'm hanging up the phone." Then do it.

I began doing exams in 1980. I have seen thousands of people. I have done the above kind of "history" exactly 3 times. One time involved a man who would not return phone calls, and I could not schedule the appointment. Then he was involved in a very serious auto accident, and the agent called, screaming about it. Nothing more was said, but I thought it prudent to write up the details and did. The second involved a man who -- again -- would not return phone calls. (This is why it's good to make notes about your contacts and attempted contacts). This was around Christmas time several years ago, and he was killed in an auto accident while on a Christmas vacation. No one ever suggested I had done anything wrong, but when I heard about the death, I thought it was a good idea to document, and I did.

The last involved a woman who claimed a botched blood draw. It was one of those very odd situations where everything went fine, but she called back an hour later screaming that she had no feeling in her arm. I did this exam for one of the Big 4 companies, and they were very helpful, and their insurance covered the doctor's visit she went to after my exam. They were even -- the manager later told me -- planning to reimburse her for time lost from her work (she was a hairdresser) until she began claiming that she was unable to work for 6 weeks, and that she made $150,000 a year as a hairdresser. (The manager of the office I was dealing with said later that if he could make $150,000 a year in the hair business, he was going back to school, and he didn't care if people thought he was gay. I was inclined to go back with him. The bottom line was that the exam company no longer believed her. We were probably not the first time she had made such claims, and likely not the last).

But the reality is that lawsuits are just not a real issue. Do the very best job you can, be pleasant and straightforward with those you deal with, and document when necessary. And if someone threatens to sue you, take a deep breath, realize it's likely an idle threat, and go about your business. Just don't let someone like that ruin your day. Much less your week.

posted by Jim Huffman @ 7:20 AM