Saying “I’m sorry” for medical malpractice
May 19, 2008
For some, bringing a medical malpractice lawsuit is the only way to get what they truly want — an apology. However, some hospitals continued to maintain a “deny and defend” policy.
But according to an article in the New York Times today, hospitals and doctors are realizing that by just saying “I’m sorry,” litigation can be avoided or smaller settlements can be reached. (Johns Hopkins is one such institution, the article notes.)
The article states that “Malpractice lawyers say that what often transforms a reasonable patient into an indignant plaintiff is less an error than its concealment, and the victim’s concern that it will happen again.”
Plaintiffs’ lawyers: Do you think that your client would be less likely to bring suit if the doctor admitted the mistake and your client knew the hospital was taking steps to ensure it would not happen again?
Defense lawyers: would you still counsel against a doctor or hospital making such an admission, even if it couldn’t be used at trial?
CHRISTINA DORAN, Assistant Legal Affairs Editor
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