Is it enough to say "I'm sorry?"
When a family member is harmed by a preventable error from a health care worker, is it enough to say "I'm sorry?"
Pennsylvania lawmakers are considering legislation that would allow medical professionals to acknowledge, express empathy for and take ownership of unforeseen outcomes, with the risk of litigation based on the apology.
The proposed legistation, Senate Bill 208, does not take away or limit liability, and victims of alleged malpractice can still file lawsuits. What it is does do is it allows health care professionals to be open and honest with patients and their families without fear that their statements will be used against them.
The bill has 30 co-sponsors from both sides and would not cost taxpayers anything. It is also believed that it could reduce the amount of medical malpractice lawsuits which could eventually lead to lower health-care costs.
Several studies have shown that anger is the reason behind most medical malpractice lawsuits. When something happens and the health care provider fails to communicate, the patient or the family becomes frustrated. In one study, over one-third of those who filed medical malpractice lawsuits against the health care provider said they would not have pursued legal action if they would have gotten an explanation and an apology.
States such as Ohio, Delaware and Maryland have passed legislation similar to the one in Pennsylvania. Thirty-five states including those mentioned, have deveoped disclosure programs for health care providers so that they can acknowledge regret about outcomes. Claims in these states have gone down and customer service ratings have increased.
University of Michigan Health Systems is one of the first to use disclosure policies. Medical malpractice lawsuits declined from 262 in 2001 to 83 in 2007. The cost for defending these has been cut by 2/3's.
The University of Illinois Medical Center has seen a drop by half in medical malpractice filings since its inception of their disclosure program in 2007. Of the 37 cases in which the hospital acknowledged error and apologized, only one patient filed a lawsuit.
