Evidence-Based Management: A View from the Jury Box

Evidence-based management is a process that in the end helps to make decisions improve the probability that outcomes will be positive.

Healthcare is a complex industry, and we, as managers, must work within those complexities on a daily basis. The outcomes of our decisions are not always as we would expect. We can, however, improve the odds of having reality match our expectations if we make the decision to rely on evidence rather than anecdote for our decisions. The simple concept is this: we work in a field that is rife with chaos – and contrary to what some may think, chaos is neither random nor unpredictable. 

A few years ago, I had the privilege of serving on a jury. The charge was rape and the trial lasted three full days. It was a tough case, for we the jurors had to hear testimony that was at times emotionally disturbing and for some, quite painful. And while there were many nuances associated with the process, what did not escape me was how our jury system offers a lesson regarding how management should function: on the basis of evidence rather than anecdote or pure gut reactions. In fact, the jury system is the perfect example of evidence-based management, following the concepts and techniques of testing the null hypothesis.

In applied statistics, where I spend much of my time, the null hypothesis is the gold standard for testing any theory. In general, it says that we accept the status quo as being correct unless we have evidence (sometimes overwhelming and sometimes not) to suggest otherwise. In my situation, the null hypothesis is that the person on trial is not guilty, and the alternative hypothesis is that they are guilty. Notice that we don’t say “innocent” or “guilty” but rather “not guilty” or “guilty” – and that is because the purpose of the trial is not to prove innocence, but rather to disprove guilt.

Many times, people do not realize just how their biases can affect their decisions. In this case, there were plenty of sources of bias: race, personal experience, emotion, etc. In the end, we came to a unanimous verdict – not by ignoring our own biases, but by allowing the evidence to speak for itself. We could coopt another quote by saying “the evidence speaks so loud, I can’t hear what you are saying.”

Using the null-hypothesis theory, we started with the assumption of not guilty, so to find the defendant guilty, it was up to the prosecutor to introduce enough evidence to cause us to doubt the null and accept the alternate. And that is how evidence-based management should work. We all have biases and make decisions based on our own experience and heuristics, but instead, we should put more weight on evidence than we do our gut.

So, what is evidence-based management (EBM)? It is a global management concept that employs practical applications such as process modeling, cause-and-effect analyses, decision theory, problem-solving, and other areas of critical thinking. It can expand into data and predictive analytics, business intelligence, and other fields and techniques that both are the antecedent as well as the precedent of EBM. As it applies to us managers and leaders in healthcare, it is about making management decisions in such a way as to ensure that we significantly improve the probability of a positive outcome. In order to achieve this, one needs to get a foundational understanding of, at the least, data analytics and business intelligence. This doesn’t mean that you have to be a statistician or data scientist, although more and more organizations are hiring folks with these skills in order to advance their agenda in EBM. On a regular basis, I am engaged to help clients solve some complex problem within their organization. As a baseline, you should know that I am a terrible decision-maker; just ask my wife! But I have a reputation as a great problem-solver, and the reason is that I have training and experience in most areas of analytics and business intelligence. I am a statistician. I am experienced with software development and programming. When you put all of this together, it means that, just like with our jury example above, while I can’t get rid of my biases, I can overcome them with evidence. Where does that evidence come from? From a heavy reliance on data. And reliance on data is the first step, as it represents the “evidence” portion of “evidence-based management.”

Data come in all forms and sizes and styles, and it is incumbent on those of us who choose to be evidence-based managers to learn more about how to obtain, organize, and utilize the data available to us. As you can imagine, this discussion requires far more time and space than what’s allotted here, but don’t let that stop you from exploring this yourself. I am old. I am so old that I still know how to use a slide rule (and in fact, still do!) It used to be that data was difficult to come by and quite difficult to analyze due to limitations of computer hardware and software (I told you I was old). Now, the problem is that we have so much data coming at us so quickly – and even though we now have the computing power to analyze almost anything, not everything is worth analyzing. Quite the paradox, actually. As evidence-based managers, we have to look at data with a keen eye, separating the “useful” from the “nice to know” and figuring out the best method(s) for analysis. 

The second vector in becoming an evidence-based manager is the ability to make decisions that in the end improve the probability that outcomes will be positive. This is harder than it sounds, as so much of our decision process is based on our life experiences. Sometimes, that’s ok. A mosquito lands on your arm and you swat it. You don’t take the time to Google “mosquitos” to see what species it is first. Your house is on fire, so you run. You don’t take the time to calculate the burn rate of the combustible materials first. First-order decisions are straightforward and easy, but others are much more difficult and require a more disciplined and data-centric approach. Complex issues, such as selecting the right electronic health record (EHR), require a complex approach to decision-making. There are lots of interrelated parts and many interdependent actors, and coming to the most optimal (not necessary the most “right”) decision depends on your ability to acquire the evidence necessary to rule out or support your decision (the hypothesis). Becoming a better decision-maker, by becoming more dependent on data (evidence), will almost guarantee that your decisions will more often than not result in a positive outcome – and everyone appreciates those kinds of results.

The third vector in becoming an evidence-based manager is problem-solving. Everyone loves a problem-solver, and not only is this good for your organization, it is good for your career. Problem-solving comes with practice and results from effort in both analytics and decision-making. A good place to begin is to study Lean Six Sigma (LSS). In my opinion, LSS platforms like PDSA (Plan, Do, Study, Act) are key to solving problems and have the benefit of testing and implementing solutions. Lean Six Sigma helps one go through a problem from definition to cause and effect to solution in a structured and ordered fashion, which is critical to establishing a good workflow. And a good workflow is the basis to building a more efficient organization. Remember, eliminating waste from a process is the best way to improve efficiency, and these types of problem-solving techniques were designed with efficiency in mind. 

What’s the different between the jury system and love? The jury system lasts forever! Juries have been around since the 12th century (at least), so maybe we should take a look at them more closely as they relate to our own approach to management. 

And that’s the world according to Frank.

Facebook
Twitter
LinkedIn

Frank Cohen, MPA

Frank D. Cohen is Senior Director of Analytics and Business Intelligence at VMG Health, LLC, and is Chief Statistician for Advanced Healthcare Analytics. He has served as a testifying expert witness in more than 300 healthcare compliance litigation matters spanning nearly five decades in computational statistics and predictive analytics.

Related Stories

Leave a Reply

Please log in to your account to comment on this article.

Featured Webcasts

Mastering Principal Diagnosis: Coding Precision, Medical Necessity, and Quality Impact

Mastering Principal Diagnosis: Coding Precision, Medical Necessity, and Quality Impact

Accurately determining the principal diagnosis is critical for compliant billing, appropriate reimbursement, and valid quality reporting — yet it remains one of the most subjective and error-prone areas in inpatient coding. In this expert-led session, Cheryl Ericson, RN, MS, CCDS, CDIP, demystifies the complexities of principal diagnosis assignment, bridging the gap between coding rules and clinical reality. Learn how to strengthen your organization’s coding accuracy, reduce denials, and ensure your documentation supports true medical necessity.

December 3, 2025

Proactive Denial Management: Data-Driven Strategies to Prevent Revenue Loss

Denials continue to delay reimbursement, increase administrative burden, and threaten financial stability across healthcare organizations. This essential webcast tackles the root causes—rising payer scrutiny, fragmented workflows, inconsistent documentation, and underused analytics—and offers proven, data-driven strategies to prevent and overturn denials. Attendees will gain practical tools to strengthen documentation and coding accuracy, engage clinicians effectively, and leverage predictive analytics and AI to identify risks before they impact revenue. Through real-world case examples and actionable guidance, this session empowers coding, CDI, and revenue cycle professionals to shift from reactive appeals to proactive denial prevention and revenue protection.

November 25, 2025
Sepsis: Bridging the Clinical Documentation and Coding Gap to Reduce Denials

Sepsis: Bridging the Clinical Documentation and Coding Gap to Reduce Denials

Sepsis remains one of the most frequently denied and contested diagnoses, creating costly revenue loss and compliance risks. In this webcast, Angela Comfort, DBA, MBA, RHIA, CDIP, CCS, CCS-P, provides practical, real-world strategies to align documentation with coding guidelines, reconcile Sepsis-2 and Sepsis-3 definitions, and apply compliant queries. You’ll learn how to identify and address documentation gaps, strengthen provider engagement, and defend diagnoses against payer scrutiny—equipping you to protect reimbursement, improve SOI/ROM capture, and reduce audit vulnerability in this high-risk area.

September 24, 2025

Trending News

Featured Webcasts

AI in Claims Auditing: Turning Compliance Risks into Defensible Systems

As AI reshapes healthcare compliance, the risk of biased outputs and opaque decision-making grows. This webcast, led by Frank Cohen, delivers a practical Four-Pillar Governance Framework—Transparency, Accountability, Fairness, and Explainability—to help you govern AI-driven claim auditing with confidence. Learn how to identify and mitigate bias, implement robust human oversight, and document defensible AI review processes that regulators and auditors will accept. Discover concrete remedies, from rotation protocols to uncertainty scoring, and actionable steps to evaluate vendors before contracts are signed. In a regulatory landscape that moves faster than ever, gain the tools to stay compliant, defend your processes, and reduce liability while maintaining operational effectiveness.

January 13, 2026
Surviving Federal Audits for Inpatient Rehab Facility Services

Surviving Federal Audits for Inpatient Rehab Facility Services

Federal auditors are zeroing in on Inpatient Rehabilitation Facility (IRF) and hospital rehab unit services, with OIG and CERT audits leading to millions in penalties—often due to documentation and administrative errors, not quality of care. Join compliance expert Michael Calahan, PA, MBA, to learn the five clinical “pillars” of IRF-PPS admissions, key documentation requirements, and real-life case lessons to help protect your revenue.

November 13, 2025
E/M Services Under Intensive Federal Scrutiny: Navigating Split/Shared, Incident-to & Critical Care Compliance in 2025-2026

E/M Services Under Intensive Federal Scrutiny: Navigating Split/Shared, Incident-to & Critical Care Compliance in 2025-2026

During this essential RACmonitor webcast Michael Calahan, PA, MBA Certified Compliance Officer, will clarify the rules, dispel common misconceptions, and equip you with practical strategies to code, document, and bill high-risk split/shared, incident-to & critical care E/M services with confidence. Don’t let audit risks or revenue losses catch your organization off guard — learn exactly what federal auditors are looking for and how to ensure your documentation and reporting stand up to scrutiny.

August 26, 2025

Trending News

Happy National Doctor’s Day! Learn how to get a complimentary webcast on ‘Decoding Social Admissions’ as a token of our heartfelt appreciation! Click here to learn more →

CYBER WEEK IS HERE! Don’t miss your chance to get 20% off now until Dec. 1 with code CYBER25

CYBER WEEK IS HERE! Don’t miss your chance to get 20% off now until Dec. 2 with code CYBER24