Kia Franklin

More on Docs Saying Sorry

The question of patient safety often gets subsumed by the tort “reform” debate—it becomes a matter of doctors versus lawyers, rather than a matter of the patients and their access to safe medical care, information about medical errors, and adequate compensation when wrongfully injured.

Which is why the recent New York Times editorial on disclosing and apologizing for medical errors, following up from a prior article, was so interesting. This increased attention to giving patients access to information, the lack of which is often the reason they sue, is very important. Doctors who voluntarily disclose what happened and apologize for it do not have increased chances of being sued—in fact, apologizing quells anger, another reason that confused and upset patients sue over injuries from medical errors.

This study and others give reason to question the assertion, made in the editorial, that the apology policy “helps reduce malpractice premiums.” But unsubstantiated insurance scapegoat for tort “reform” aside, the editorial makes some good points. From the editorial:

Admitting errors is only the first step toward reforming the health care system so that far fewer mistakes are made. But reforms can be more effective if doctors are candid about how they went astray. Patients seem far less angry when they receive an honest explanation, an apology and prompt, fair compensation for the harm they have suffered.

Eric Turkewitz writes a great post about this on his blog, saying that:

Just as in politics, and so many other things, the cover-up is often much worse than the initial mistake. Because while the accident may be negligence, the cover-up is an intentional act of deception. And when that deception comes from someone that you have trusted your life with, the sense of betrayal is profound. (Read the whole thing here)

I haven’t blogged about my personal experience with this issue yet, but I will at some point. (And for my dear tort “reformer” readers, no, I haven’t sued anyone). In the mean time I can say that all patients and their families want is information, a sense that doctors respect our intelligence, and a sense that the trust we have in our doctors won’t be compromised by a cover up culture in the profession. More disclosures mean increased patient trust and more transparent data about medical errors, which in turn could contribute to the development of more refined methods for reducing medical errors, thus preventing the need for apologies in the first place.

Posted at 10:24 AM, May 22, 2008 in Permalink | Comments (5) | TrackBack (0)