Comments on: Physician apologies, and does saying you’re sorry mean it’s your fault?

By: Anonymous

Anonymous — Fri, 05 Jun 2009 15:20:05 +0000

I had a physician apologize for making a medical error in my case and because of his apology I did not sue, even though I could of received a decent sized settlement. As a mental health professional in the medical field, all I wanted to hear was that he felt regret for what had happened in my case.

By: Matt

Matt — Thu, 04 Jun 2009 22:12:00 +0000

“, opposed by the trial lawyer lobby, whose incomes depend on a lengthy litigation process.”

This statement is further evidence that for as much as doctors say that lawyers have no idea what they go through, that physicians likewise have no idea what the other side of the coin is like. It makes literally zero sense for a plaintiff’s attorney to drag out a lawsuit. If anyone is going to do it, it’s the doctor’s insurer.

By: Dr. Dave in Decatur, Illinois

Dr. Dave in Decatur, Illinois — Wed, 03 Jun 2009 18:54:11 +0000

Broken? Nah…it’s in total disarray. When the recommendations from my malpractice carrier on how to reduce liability risk increase the cost of practicing medicine, when I order tests/consults and expand my dictation by a paragraph to reduce that risk, and when I structure my dictations as if the trial attorney is reading them, the system is in total disarray. Protecting patients from inept doctors is one problem, protecting patients from greedy trial attorneys is an even larger problem.

By: Susan Carr

Susan Carr — Wed, 03 Jun 2009 17:52:22 +0000

I feel it’s important to point out that an apology is not necessarily the same thing as “expressing sympathy” or even “saying sorry.” A proper apology is a sincere statement of responsibility. To say “I apologize for my actions, and I’m sorry for the harm I caused” is very different from “I’m sorry that you were injured,” or even more remotely, “I’m sorry you feel the way you do” (which may imply lack of agreement). The distinctions are important in the context of adverse medical events, where details of actions and responsibility may be complicated and take some time to understand. The effect of empathy, clear communication, and compassion are crucial for all involved.

By: W

Wed, 03 Jun 2009 11:09:27 +0000

Sad that a law would be necessary to encourage anyone to say “I’m sorry” — but if that’s what it takes, fine. If malpractice was really involved, surely there would be other, more substantial evidence to support it.

Note to the medical community: “I’m sorry you feel the way you do” isn’t the same. If for whatever reason you can’t offer a genuine expression of sympathy, it’s better to say nothing at all.

By: Paynehertz

Paynehertz — Wed, 03 Jun 2009 03:13:23 +0000

I suppose these laws work for those doctors who feel making an apology is all about feeling like you did the right thing and minimizing your malpractice exposure, and not about taking personal responsibility for your actions.

After all, when a patient’s life is destroyed by malpractice, it’s most important they know you care.

The SorryWorks! Coalition has an interesting take on this:

“”Executives at ProMutual Group and CRICO/RMF, the state’s largest malpractice insurers, which encourage doctors to be honest with patients, said they have never seen a plaintiff’s lawyer use such statements as evidence. Some patient safety leaders believe this is because patients don’t sue doctors who are honest with them about what went wrong.”

http://corp.sorryworks.net/newsletter20071102.phtml

Think about it…two major insurers are saying they’ve never seen “sorry” come back to haunt a doc in court. Why? Because a plaintiff’s attorney job is to demonize a physician in court, and telling the jury the doc said “sorry” and tried to fix the situation doesn’t fit the game plan.”

By: k

Wed, 03 Jun 2009 02:05:01 +0000

IIRC there was a fairly recent study that said many malpratice suits wouldn’t have come about if sincere apologies had been made at the time of the bad outcome?