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Medical malpractice is constantly changing in the healthcare system. Some of the
elements that are evolving over time include the way that malpractice is handled, including the
healthcare professional’s side of things as well as the patient who has reported the claim of
malpractice. While medical malpractice in earlier times may have been handled in a traditional
court room setting in majority of cases, this has become more and more less favorable as the
primary option to settling such cases. There has been supporting evidence to prove that
malpractice cases are not solely restricted to being settled in courtrooms anymore. This may
have always been the case, but it was not always practiced in the more modern solution. In
more recent times, there has been substantiated evidence to support that medical malpractice
cases can be settled outside of a courtroom, and sometimes even before legal entities enter the
situation. As for the more favorable solution to malpractice in healthcare situations, evidence
supports that an apology from the healthcare professional and a recognition of error by the
healthcare professional has changed the way medical malpractice claims are being handled.
Traditionally the initial reaction for a healthcare professional dealing with a malpractice
claim would be to defend themselves and place a sole priority on proving their innocence in the
claims being made against them. The question that arises with this is, is this really the best
solution to a malpractice claim or is there a better way to handle the situation? Evidence shows
that in cases where a healthcare professional has exhibited sympathy toward their patient
through a verbal apology as an attempt to lessen the impact of the medical error that has
occurred on the patient and their life, it is much more likely that the claim can be resolved
outside of a courtroom. Some may not feel that an apology from the medical professional is
beneficial in any way to anyone other than the healthcare professional who is fighting the
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malpractice claim. Part of what makes these apologies work in a malpractice case is reminding
all parties involved that a medical professional, while a professional, is still a human being and
capable of making occasional mistakes. It is still important for the healthcare professional to not
admit to a direct fault or take direct liability for the medical error that has occurred, as this
would only strengthen any legal claims the injured party may have against the healthcare
professional in question.
As my future field of practice is physical therapy, I will focus my attention now towards
the current climate of medical malpractice apologies in physical therapy and how healthcare
professionals in this field are combatting these claims. A physical therapist is that of a
leadership role in the field of their specialty. As most of the medical malpractice claims typically
fall on leadership role individuals, it is important to understand what the best approach is to
malpractice claims. The educational approach for individuals studying in the field is to educate
potential physical therapists to the best of the institution and instructors’ abilities so that they
are equipped with the educational tools to make the decision on how to approach a
malpractice claim one day. As a part of educational paths for physical therapists, institutions are
ensuring that students are learning apologies as a tool and clinical skill that is just as important
as the knowledge of their profession itself. (Lazare, A. (2006).) Since sometime around the
1980’s to the 1990’s there was a notable increase in the importance that was placed on
teaching students about apologizing in malpractice claim situations. Another worth mentioning
timeline event includes 1999 when apologies really grew in popularity amongst healthcare
professionals post To Err Is Human, report release. ( Kalata, C. M. (2022))
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It has become a common perception that when a patient makes the decision to pursue
legal actions against a healthcare professional, there is some emotional element to the claim
being made. To counteract the claim before it even hits the courtroom, healthcare
professionals are learning that displaying sympathy toward the patient and conveying an
apologetic disposition toward the injured individual is likely to settle the issue before it
escalates. In some situations where a healthcare professional is wanting to make an apology to
an injured patient, but they are concerned about admissions of liability there may be a law,
depending on the state, that can protect the healthcare professional. It varies on a state-by-
state case, but in some situations a healthcare professional can take comfort in knowing that
there are apology laws in place to protect them. These apology laws are essentially in place to
encourage healthcare professionals to give sympathy without fear of how it might impact them,
if the patient making the claim were to decide to take the claim to court regardless of how the
healthcare professional chooses to move forward on their end of the claim. To be more specific,
the laws that are in reference to this would essentially make displays of sympathy and
apologies admissible in a court and would not be held against the healthcare professional.
There is a total of thirty-nine states that have enacted these apology laws to help mitigate
medical malpractice suits. Though there are some holes in these laws that leave healthcare
professionals vulnerable to still be pursued in a court of law for liability in a medical malpractice
case. One of those being that in the event a patient makes a medical malpractice claim, an
apology, while not useable in court as evidence, it could still further push the injured party to
push their claim into a courtroom. (McMichael, B. J., Van Horn, R. L., & Viscusi, W. K. (2019).)
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In the resource that I analyzed for correlation between a biblical worldview and the
profession of physical therapy there was a lot of wonderful references to elaborate on this.
More specifically the source uses the connection of David, the Psalmist, to explain the
importance of human life and the embodiment of it, therefor this carries over into the world of
health sciences as it is dedicated to healing the human body when it has been injured. In
examining this connection further, it brings forth the common notion that our bodies are to be
treated as temples per scripture as well, and by applying the knowledge acquired as a health
sciences professional it allows us to care for others as God would want us to. (Assistant
professor kinesiology and Allied Health - Cedarville University) Applying a biblical worldview to
our profession also works alongside the primary concern which is the malpractice apology. To
live the way God wants us to, and to act in a way that is worthy of God, leads us down the path
of apology regardless of the legal side of the situation. God teaches us to own our mistakes and
to have the courage to acknowledge them, as well as allowing us to connect with others
through the word of God. Which may in turn allow the injured party of the malpractice claim to
find solace, and peace within the sympathy of the healthcare professional in question.
In conclusion, I would choose the route of apology in a case of malpractice claim, as it
feels like the proper thing to do. My faith guides me to believe that I should trust in the way of
the Lord and live as though it is the word of God that drives me to be the person that I am
today.
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References
Assistant professor kinesiology and Allied Health - Cedarville University. (n.d.). Retrieved
December 12, 2022, from https://www.cedarville.edu/~/media/Files/PDF/Center-for-
Biblical-Integration/Faculty-Integration-Paper-Elizabeth-Sled.pdf
Hodge Jr, S. D. (2020). Should a Physician Apologize for a Medical Mistake?-The Controversy
over the Effectiveness of Apology Law Statutes. Clev. St. L. Rev., 69, 1.
Kalata, C. M. (2022). Leadership Curriculum in Physical Therapy Education: A Case Study.
Lazare, A. (2006). Apology in medical practice: an emerging clinical skill. jama, 296(11), 1401-
1404.
McMichael, B. J., Van Horn, R. L., & Viscusi, W. K. (2019). Sorry is never enough: how state
apology laws fail to reduce medical malpractice liability risk. Stan. L. Rev., 71, 341.
Sohn, D. H., & Sonny Bal, B. (2012). Medical malpractice reform: the role of alternative dispute
resolution. Clinical Orthopaedics and Related Research®, 470(5), 1370-1378.
Wei, M. (2006). Doctors, apologies, and the law: an analysis and critique of apology
laws. Journal of Health Law, 39(4).
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