Should Doctors Say "I'm Sorry" When They Commit Errors?
« Back to From the Desk of Bruce J. Klores, Esquire
For the twenty-five years that we have been in practice, we have heard the story time and time again that once bad things happen in a hospital, patients and the families can never find the doctors to explain what went wrong. Even if they do, it is almost unheard of that a doctor or hospital administrator would apologize to a patient. Over the last decade a slow but swelling movement is underway in medicine to encourage physicians and hospital administrators to disclose their errors. I recently participated in a nationwide conference of health care providers and hospital administrators, put together by an organization called "Sorry Works," which discussed the evolution and future of this concept. Certain recent studies have shown that when doctors apologize and explain to patients why there was an unexpected outcome, patients are more understanding, less angry, and more forgiving. This type of openness may even result in a diminution in the number of malpractice cases filed.
My Impression:
There are a number of programs in development around the country trying to implement apology systems. The only programs which make sense are those that allow the doctor or facility to apologize but not requiring in return the patient to relinquish any legal rights. Should you or a family member be asked to attend a meeting with the hospital risk manager, you should attend with your counsel. The upstanding hospital "apology" programs allow patients to be represented during these sessions. A good discussion of this issue is included in The New England Journal of Medicine, June 28, 2007, beginning at page 2713.
