More Providers Adopt ‘Disclosure and Apology’ Policy Regarding Medical Errors

A growing number of health care providers are adopting "disclosure and apology" policies for dealing with patients who have experienced a medical error, the Wall Street Journal reports. Several states have passed laws protecting doctors' apologies from being used at trial, and more hospitals are implementing policies requiring that doctors and nurses quickly reveal errors to patients and families when warranted. Hospital risk managers and insurers in previous years generally recommended "defend and deny" policies for dealing with errors. The stance of risk managers and insurers has changed in "part because of mounting evidence that disclosure and apology programs, which often include an upfront offer of a financial settlement, can sharply reduce malpractice costs," the Journal reports. The University of Michigan Health System has seen its number of malpractice lawsuits decline from 260 to 100 since it adopted an apology program in 2001. The average legal expense per case has declined more than 50%, according to UMHS Chief Risk Officer Richard Boothman. Boothman said, "Many doctors really want to be open and apologize to patients but are led to believe it can end up in financial disaster, when the truth is quite the opposite" (Landro, Wall Street Journal, 1/24).