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Physician Apologies for Medical Errors

By Michael Brophy
November 30, 2004

The Associated Press has reported that medical students and physicians are now being taught that an open acknowledgment of regret for medical errors, even an apology, may help doctors avoid malpractice lawsuits. “Doctors Eye Apologies for Medical Mistakes,” http://abcnews.go.com/US/wireStory?id=235090. In Illinois, malpractice reform legislation includes a concept known as “Sorry Works,” recommending that an apology be offered when mistakes are made or untoward results occur. Within the overall context of medical malpractice risk management, a recent evolution in dispute resolution philosophy suggests that direct, forthright communications between physician and patient may reduce the risk of future litigation.

Saying 'Sorry' Might Be the Best Course

The traditional relationship between physician and patient has as its foundation a historic linkage between ethical behavior and medical practice. The Hippocratic Oath, still pledged in many of our nation's medical schools, defines physician character and patient care responsibilities, the most famous being “first, do no harm.” In ancient times, the Code of Hammurabi addressed the physician's dual responsibility to the patient and to society. In the modern world, bioethics as a specific field of study has emerged as a separate discipline, and ethical behavior remains fundamental to the practice of medicine. Viewed in this light, the movement toward more open communications between physician and patient is consistent with the highest ethical standards of the medical profession.

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