Medical mistakes are a reality in Western Pennsylvania as well as throughout the nation. While those mistakes do not always result in an injury to a patient, when they do, the health of the patient can be seriously impacted. In some cases the injured person files a medical malpractice lawsuit against the individuals or entity that is responsible for their injury.
As is the case in most civil lawsuits, there are multiple reasons why someone decides to take that course of action. In some cases it is to try to obtained financial damages for the injury. Other times however, the reason is more of an emotional one. The individual who initiates such a lawsuit may be very angry and see the lawsuit as a vehicle to address that anger.
Patients in the latter group may be affected by a recent trend in the medical world–doctors admitting to and apologizing for mistakes. This approach is a drastic departure from what doctors were taught a couple of decades ago. In addition to disclosing the mistake and offering an apology, doctors are also taking the next step of talking with the patient about what measures will be taken to make sure it does not happen again.
Residents of Pennsylvania may be aware of the state law regarding medical errors. For more than 10 years a hospital has had to provide written notification of such errors within a week of the event. Should a lawsuit be initiated, that notice cannot be used as evidence against the medical provider.
The impact this approach has had on the world of medical malpractice lawsuits is not entirely clear. One hospital that began using a disclosure in 2001 found that in the ensuing six years, the number of medical malpractice lawsuits dropped by 50 percent. A recent study published in Health Affairs, however, indicated that the approach did not greatly impact the possibility of a medical malpractice lawsuit being filed.
Source: Washington Post, "Medical errors are hard for doctors to admit, but it's wise to apologize to patients," Manoj Jain, May 27, 2013