Illinois is one of at least 35 states that have laws preventing a health care provider's apology or expression of regret from being used against him or her in court. Even with laws such as this, doctors and other health care providers are often reluctant to reveal and take responsibility for mistakes. The concern is that an admission of medical malpractice or error will give rise to a lawsuit.
New research lends support to the idea that health care systems may actually save money by encouraging physicians and health care providers to admit and take responsibility for their mistakes. Additionally, this type of openness and accountability may lead to greater satisfaction on the part of both providers and patients.
Case Study of a Medical Error Disclosure Program
Before 2001, the University of Michigan Health System (UMHS) used a traditional approach to settling malpractice claims. Claims were simply assigned to defense counsel. In 2001 UMHS launched a new comprehensive malpractice claims program. Under the new policy, there was active surveillance of medical errors. If mistakes were found to have occurred fault was admitted, those responsible could apologize, and compensation was promptly offered. Essentially all the outcomes of the policy change were positive for the health system.
Results of Open Disclosure in the University of Michigan Health System:
- Malpractice claims and lawsuits decreased
- Claims were resolved faster
- Legal expenses decreased by roughly 61 percent
- Patient compensation was reduced
A policy of open disclosure of medical errors may also have benefits on a more human level. Most victims of medical errors are looking for more than just monetary compensation. Transparency gives patients and their families the ability to make sense of the event and be assured that the same mistake is less likely to happen again to others. Physicians have the freedom to openly discuss and apologize for their mistakes. This leads to a better understanding on both sides, and an improved doctor-patient relationship.
Hopefully medical error disclosure programs like the one at UMHS will be expanded into other health care systems. A policy of openness and apology instead of denying and defending has the potential to benefit both health care providers and the patients they serve.
