When it comes to how potential jurors evaluate a hospital, our surveys have consistently shown that national rankings can be irrelevant. What matters more is whether the healthcare providers actually show that they care about their patients. Specifically, the factors that produce a positive opinion are good communication, cleanliness and even food – not whether the hospital is famous for research, sponsors a big fundraiser or has the newest MRI machine.
For example, in a recent statewide survey of medical facilities owned by one of our clients, we asked respondents to rate all hospitals in their area from a one (the lowest-possible score) to a five, based on experience and/or reputation. The survey was fielded via smartphone, and anyone who chose a one or five was given the opportunity to record themselves on video explaining their score.
Aside from being shocked at how many men fill out our online surveys while shirtless, we were surprised to observe just how few actually mentioned specifics about their treatment or the hospital’s overall reputation. Instead, participants focused on cleanliness (“The place was spotless!”) and food (“We spent a lot of time in the cafeteria, and really didn’t mind it”). It was fascinating how much the non-healthcare aspects of a hospital shape opinions of a facility as a whole. One man noted, “The facilities are extremely clean. Even down to the food. It goes to show that they definitely care about every aspect of their atmosphere.”
Still, the main component of juror opinions stemmed from the amount of attention caregivers provided to them or their loved ones. Over and over, respondents either praised or criticized how healthcare professionals handled their concerns: answering questions, following up or simply spending time with them. One respondent raved: “They are great! They never make you feel like you’re being intrusive. They take their time with you, they answer questions.” Another added, “They’ve always treated me with the utmost respect.”
A woman who gave a specific hospital a rating of one was still angry about the care her grandfather had received years before: “There’s nothing but students. They didn’t treat him very well at all. Every time I would ask questions, they would just be all, ‘Um, um, um, let me find out.’ We would ask and never find out an answer.”
Perhaps because most people have such low expectations for the amount of attention a doctor or nurse will provide in a busy hospital setting, even five minutes of one-on-one time stands out. This has been echoed during our focus group research when the issue of informed consent is involved. Jurors are impressed when a doctor has documented conversations about risks that lasted at least 15 minutes. Conversely, we have noted that discussions of 45 minutes or more can actually make participants suspicious of a caregiver’s records, since they are skeptical that any doctor would actually spend that much time with a single patient.
These facility opinions matter because they are the same perceptions that can directly shape how jurors feel about a specific lawsuit – even if the case facts are totally different than their own personal experiences. A hospital with an average community rating of 2.5 or below is going to face an uphill battle in establishing that caregivers met the standard of care, whereas a facility with an average rating of 4.0 or more already enjoys an advantage in the courtroom.
If you’re interested in learning more about community perceptions of one or more of your facilities, your brand or jurors’ overall attitudes about litigation and damages in a specific jurisdiction, this is an ideal time to conduct survey research. While safe at home and glued to their smartphones, jury-eligible respondents are eager to do something different and make a few dollars at the same time. Contact Partner/Senior Vice President Claire Luna to discuss how a community survey may help guide your litigation strategy during the coming months and years to come.
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Pivoting During a Pandemic
With all in-person projects postponed until May at the earliest, we have turned to web conference focus groups to address our clients’ research needs in a timely fashion. Even while travel and courts are at a standstill, there is still a strong interest in developing case strategy – especially when mediation and settlement deadlines are looming this summer.
Through Zoom and our Instant Response technology partner, we have developed an effective and innovative way to conduct focus groups that allows the same kind of challenging, juror-driven discussion you love from Jury Impact but through remote technology. Juror predispositions, case facts, arguments, witness videos and damages can all be tested while you observe and communicate with our backroom analysts to make sure the research stays focused on your priorities.
Jurors are craving both social interaction and financial compensation right now, and this format allows your trial team to safely explore their perspectives through virtual-only research. Contact us for more information on this approach, or a no-cost webinar to see exactly how this works.
