Medical Errors: Is It Ok For Doctors To Say “I’m Sorry”?

Doctors are human and they do make mistakes.  While most people would typically say “I’m sorry” when taking responsibility for wrongdoing, in the past doctors have been encouraged not to admit a medical error.  Admitting to a mistake would only invite litigation and put a doctor’s career in jeopardy.

Lately, however, a school of thought has emerged that believes doctors should express sympathies or apologize for a medical mistake.  By doing so, medical malpractice lawsuits can be avoided because patients are humans too.  When someone is honest and admits to a mistake, it’s much easier to forgive and be understanding.  

There are some doctors who believe that admitting to medical errors does more harm than good.  According to Medscape’s Malpractice Report released in July 2013, the majority (93%) of the 1400 physicians surveyed said that saying “Sorry” would not have made a difference.  

There are many hospitals and healthcare organizations who are taking a proactive approach in reducing malpractice by putting patient safety first.  The University of Michigan Health System is one model to consider that experimented with full disclosure.  UMHS experienced a considerable decrease in claims and lawsuits, going from 262 in August 2001 to 83 in August 2007.

Their philosophy is based on three key principles:

1) Offer fair compensation to patients quickly when inappropriate care causes injury

2) Support clinical staff for offering proper care

3) Reduce injuries and claims by learning from mistakes

By disclosing errors and making apologies, healthcare organizations are hoping to reestablish trust, integrity, and transparency in medical care.  And while some may think these actions would prompt more lawsuits, many more hospitals besides UMHS are reporting decreases in malpractice cases and savings in legal fees.

Most states in the U.S. are also seeing the benefits of doctors saying, “I’m sorry.”  As of 2009, 39 states have enacted “apology laws” making apologies for medical errors inadmissible in court.  The American Medical Association ethical opinion says that when a doctor commits an error, "the physician is ethically required to inform the patient of all the facts necessary to ensure understanding of what has occurred" and that worries about liability should not interfere with disclosure.

Bottom Line:  It is Ok to say, “I’m sorry.”  Acknowledging a medical error is not only the right thing to do, it can help improve healthcare overall. Put yourself in your patient's shoes.  Wouldn't you want an apology if it happened to you?