New York Times: Medical Malpractice and Doctors who say they are sorry

Doctors are turning to apologies in cases of mishaps. The New York Times highlights:

At the University of Illinois, for example, of 37 cases where the hospital acknowledged a preventable error and apologized, only one patient filed suit. At the University of Michigan Health System, existing claims and lawsuits dropped from 262 in August 2001 to 83 in August 2007, and legal costs fell by two-thirds.

To encourage greater candor, more than 30 states have enacted laws making apologies for medical errors inadmissible in court. That sounds like a sensible step that should be adopted by other states or become federal law. Such laws could help bring more errors to light. Patients who have been harmed by negligent doctors can still sue for malpractice, using other evidence to make their case.

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.

In cases of genuine mistakes, perhaps a doctor apology is best.

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