LEGAL UPDATE
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O U T P AT I E N T S U R G E R Y M A G A Z I N E O N L I N E | O C T O B E R 2 0 1 4
give factual responses to questions,
acknowledge feelings of grief and
anger, promise an investigation and
offer assistance with immediate
needs. If the cause of the event is
less than certain, provide the most
accurate information currently
available.
This full and frank disclosure
should be delivered in a setting that guarantees privacy and is respect-
ful to the sensitivity of the situation. Providers should document the
disclosure in the medical record, identifying who was involved in the
discussion, when it took place and exactly what was said.
Train your staff to be sensitive to these issues, as they may interact
with the patient if follow-up care is necessary. Remind them to be
respectful and empathetic to the patient's needs while not providing
any information that doesn't originate from the physician.
Contingency planning
When does an apology end and an admission begin? My suggestion is,
while expressing sympathy is both understandable and appropriate,
avoid language that gives even the impression of accepting responsi-
bility or acknowledging any degree of fault. The latter statements may
be admissible even under "I'm Sorry" laws, and may run counter to
the defense pursued once all the facts become known.
Keep in mind that during these difficult discussions, it is important
that the physician's general tone be one of sympathy for the circum-
stances rather than an apology, which may be interpreted as an admis-
sion of error. I recognize, however, that this course may require a
INSTAPOLL
Should surgeons say "I'm
sorry" after an error?
• Yes:
94%
• No:
6%
SOURCE:
Outpatient Surgery
Magazine InstaPoll,
September 2014, n=654.
