After a doctor, hospital, or other medical professional makes an error, patients can suffer life-altering injury or wrongful death. It is often the case that when the mistake is brought to the attention of the doctor or hospital, extreme measures are taken to deny the allegations. A new study shows that malpractice claims are more likely to settle out of the courtroom when doctors own up to their mistakes.
A Massachusetts organization believes that doctors and hospitals that acknowledge and admit to errors can minimize lawsuits, improve patient safety, stop defensive medical practices and lower costs for patients. Several organizations have announced a pilot program to promote a process called Disclosure, Apology, and Offer, or DA&O. It is a new approach to medical liability reform, countering earlier measures which capped economic recovery and limited the legal rights of patients. With success in other states, it could soon be a strategy used in Pennsylvania.
The current system seems to prevent open communication between patients and medical practitioners. This new form of settlement would be more transparent and create an advocacy system that supports both patients and providers. While the idea is being piloted in Massachusetts, it is not unlikely that, if successful, other providers could also see the benefits of opening up communication with patients and openly identifying mistakes and errors that were made by a medical professional.
In addition to apologies, patients would receive offers of compensation for any losses they have suffered, including medical bills and lost income. Under this system, patients retain the right to turn down settlement offers and pursue action in court.
While doctors may be intending to minimize lawsuits and limit the amount of recovery of patients, this settlement strategy acknowledges that many patients are forced to become plaintiffs to achieve any justice against a negligent doctor or hospital.
As victims of malpractice agree, the emphasis should be on patient safety, not legal victory. Successful malpractice claims give plaintiffs the financial recovery and support they deserve while preventing future mistakes and improving patient care.
Source: Medscape News, "Providers to Test Power of Apology in Malpractice Claims," Robert Lowes, April 27, 2012.