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Apology law

Mara Buchbinder, Dragana Lassiter, Rebecca Mercier, Amy Bryant, Anne Drapkin Lyerly
BACKGROUND: Laws governing abortion provision are proliferating throughout the United States, yet little is known about how these laws affect providers. We investigated the experiences of abortion providers in North Carolina practicing under the 2011 Women's Right to Know Act, which mandates that women receive counseling with specific, state-prescribed information at least 24 hours prior to an abortion. We focus here on a subset of the data to examine one strategy by which providers worked to minimize moral conflicts generated by the counseling procedure...
2016: AJOB Empirical Bioethics
Leonard Berlin, Daniel R Murphy, Hardeep Singh
Communication problems in diagnostic testing have increased in both number and importance in recent years. The medical and legal impact of failure of communication is dramatic. Over the past decades, the courts have expanded and strengthened the duty imposed on radiologists to timely communicate radiologic abnormalities to referring physicians and perhaps the patients themselves in certain situations. The need to communicate these findings goes beyond strict legal requirements: there is a moral imperative as well...
December 2014: Diagnosis
Priscila Giraldo, Josep Corbella, Carmen Rodrigo, Mercè Comas, Maria Sala, Xavier Castells
OBJECTIVE: To identify opportunities for disclosing information on medical errors in Spain and issuing an apology, as well as legal-ethical barriers. METHOD: A cross-sectional study was conducted through a questionnaire sent to health law and bioethics experts (n=46). RESULTS: A total of 39 experts (84.7%) responded that health providers should always disclose adverse events and 38 experts (82.6%) were in favour of issuing an apology. Thirty experts (65...
March 2016: Gaceta Sanitaria
Priscila Giraldo, Xavier Castells
No abstract text is available yet for this article.
October 21, 2015: Medicina Clínica
Sigall K Bell, Keith J Mann, Robert Truog, John D Lantos
One of the most difficult experiences for any doctor or nurse is when they realize that they have made a mistake that has harmed a patient. In the past, mistakes were seldom disclosed to patients. The prevailing ethos was one of professional silence, secrecy, and shame. That has begun to change. Many professional organizations in both medicine and health law recommend full disclosure of mistakes and apologies for the harm that is caused. An atmosphere of openness and honesty leads to a culture of quality and safety...
January 2015: Pediatrics
Michelle M Mello, David M Studdert, Allen Kachalia
For many physicians, the prospect of being sued for medical malpractice is a singularly disturbing aspect of modern clinical practice. State legislatures have enacted tort reforms, such as caps on damages, in an effort to reduce the volume and costs of malpractice litigation. Attempts to introduce similar traditional reform measures at the federal level have so far failed. Much less prominent, but potentially more important, are proposed alternative approaches for resolving medical injuries; a number of these efforts are currently being tested in federally sponsored demonstration projects...
November 26, 2014: JAMA: the Journal of the American Medical Association
Olivier Guillod
Reducing the number of preventable adverse events has become a public health issue. The paper discusses in which ways the law can contribute to that goal, especially by encouraging a culture of safety among healthcare professionals. It assesses the need or the usefulness to pass so-called disclosure laws and apology laws, to adopt mandatory but strictly confidential Critical Incidents Reporting Systems in hospitals, to change the fault-based system of medical liability or to amend the rules on criminal liability...
December 1, 2013: Journal of Public Health Research
Stuart McLennan, Simon Walker, Leigh E Rich
The issue of apologising to patients harmed by adverse events has been a subject of interest and debate within medicine, politics, and the law since the early 1980s. Although apology serves several important social roles, including recognising the victims of harm, providing an opportunity for redress, and repairing relationships, compelled apologies ring hollow and ultimately undermine these goals. Apologies that stem from external authorities' edicts rather than an offender's own self-criticism and moral reflection are inauthentic and contribute to a "moral flabbiness" that stunts the moral development of both individual providers and the medical profession...
December 2014: Journal of Bioethical Inquiry
Douglas M Brock, Alicia Quella, Lauren Lipira, Dave W Lu, Thomas H Gallagher
Evolving state law, professional societies, and national guidelines, including those of the American Medical Association and Joint Commission, recommend that patients receive transparent communication when a medical error occurs. Recommendations for error disclosure typically consist of an explanation that an error has occurred, delivery of an explicit apology, an explanation of the facts around the event, its medical ramifications and how care will be managed, and a description of how similar errors will be prevented in the future...
June 2014: Academic Medicine: Journal of the Association of American Medical Colleges
Kevin C Reidy
No abstract text is available yet for this article.
2013: Journal of the Massachusetts Dental Society
William M Sage, Thomas H Gallagher, Sarah Armstrong, Janet S Cohn, Timothy McDonald, Jane Gale, Alan C Woodward, Michelle M Mello
Communication-and-resolution programs (CRPs) in health care organizations seek to identify medical injuries promptly; ensure that they are disclosed to patients compassionately; pursue timely resolution through patient engagement, explanation, and, where appropriate, apology and compensation; and use lessons learned to improve patient safety. CRPs have existed for years, but they are being tested in new settings and primed for broad implementation through grants from the Agency for Healthcare Research and Quality...
January 2014: Health Affairs
Angus J F Finlay, Cameron L Stewart, Malcolm Parker
Open disclosure (OD) after adverse health care events is the subject of a national standard that has been implemented in state health policy documents, and is included in the Medical Board of Australia's code of conduct for doctors. Nevertheless, doctors have been slow to embrace the practice of OD. There is a strong ethical case for implementing OD in the primary interests of patients, and additionally from a medicolegal risk management point of view. There are no statutory requirements in relation to OD, but common law judgments have imposed a duty of OD in tort and contract...
May 6, 2013: Medical Journal of Australia
Stuart R McLennan, Robert D Truog
No abstract text is available yet for this article.
May 6, 2013: Medical Journal of Australia
Nicole Saitta, Samuel D Hodge
Apology laws are gaining traction in the United States, prompting health care professionals to offer words of condolence for adverse medical outcomes without the fear of being sued for malpractice. Although these laws vary by jurisdiction, they have been shown to reduce the financial consequences of a medical malpractice lawsuit. The authors provide an overview of the laws regarding this issue and discuss apologies as a means to reduce medical malpractice claims.
May 2012: Journal of the American Osteopathic Association
David H Sohn, B Sonny Bal
BACKGROUND: Alternative dispute resolution (ADR) refers to techniques used to resolve conflicts without going to the courtroom. As healthcare and malpractice costs continue to rise, there is growing interest in tactics such as early apology, mediation, and arbitration in the medical arena. QUESTIONS/PURPOSES: (1) Why is ADR needed? (2) Is ADR useful in health care? (3) What are the current legal and political developments favoring ADR? (4) What obstacles remain? METHODS: We performed MEDLINE, PubMed, and Google Scholar searches with key words "medical malpractice", "ADR", and "alternative dispute resolution" to obtain public policy studies, law review articles, case analyses, ADR surveys, and healthcare review articles...
May 2012: Clinical Orthopaedics and related Research
Hong Ding, Ken-Tye Yong, Indrajit Roy, Gaixia Xu, Fang Wu, Wing-Cheung Law, Earl J Bergey, Paras N Prasad
This article has been withdrawn at the request of the author(s) and/or editor. The Publisher apologizes for any inconvenience this may cause. The full Elsevier Policy on Article Withdrawal can be found at
July 14, 2011: European Journal of Pharmaceutical Sciences
Graham Pollock, Marilyn M Pesto, Marjorie Sirridge, Charles W Van Way
Most physicians and patients agree that errors should be disclosed to patients and their families. A major barrier to disclosure is fear of litigation on the part of the physician. Some states, now including Missouri, have adopted so-called "apology laws", which are designed to facilitate disclosure by making certain statements of apology inadmissible as evidence in a court case. Some institutions have implemented "full-disclosure" programs with reportedly promising results. This article will review apology law in Missouri, and will discuss its implications for medical practice and for the disclosure of errors...
September 2010: Missouri Medicine
David M Studdert, Donella Piper, Rick Iedema
OBJECTIVE: To assess the attitudes of health care professionals engaged in open disclosure (OD) to the legal risks and protections that surround this activity. DESIGN AND PARTICIPANTS: National cross-sectional survey of 51 experienced OD practitioners conducted in mid 2009. MAIN OUTCOME MEASURES: Perceived barriers to OD; awareness of and attitudes towards medicolegal protections; recommendations for reform. RESULTS: The vast majority of participants rated fears about the medicolegal risks (45/51) and inadequate education and training in OD skills (43/51) as major or moderate barriers to OD...
September 20, 2010: Medical Journal of Australia
Anna C Mastroianni, Michelle M Mello, Shannon Sommer, Mary Hardy, Thomas H Gallagher
Apologies are rare in the medical world, where health care providers fear that admissions of guilt or expressions of regret could be used by plaintiffs in malpractice lawsuits. Nevertheless, some states are moving toward giving health care providers legal protection so that they feel free to apologize to patients for a medical mistake. Advocates believe that these laws are beneficial for patients and providers. However, our analysis of "apology" and "disclosure" laws in thirty-four states and the District of Columbia finds that most of the laws have major shortcomings...
September 2010: Health Affairs
Bianca Perez, Toni Didona
The prevalence of medical errors and malpractice claims has been attributed to deficits in error reporting and disclosure. Increasingly, states are adopting error reporting and apology laws to reduce these information gaps thereby instituting error-transparent medical cultures. At the same time, doubts have been expressed about the capacity for legislation to influence medical professionals. In order to assess legislative potential to establish error transparency, a cross-sectional research design compared differences in malpractice claim rates among states adopting different legislative approaches...
May 2010: Journal for Healthcare Quality: Official Publication of the National Association for Healthcare Quality
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