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Malpractice Research Paper
Lisa Tressler
School of Health Sciences, Liberty University,
BUSI 302: Legal and Ethical Issues in Healthcare
Professor Susan Lopp
October 6, 2025
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Malpractice Research Paper
Medical malpractice is evolving constantly in the healthcare field. The method of
handling malpractice, which includes the healthcare professional’s perspective of the incident,
as well as the patients claim that malpractice has occurred, are some of the aspects that are
continually changing over time. While medical malpractice may have usually been dealt with in
a traditional courtroom venue in previous years, this option of resolving these cases has grown
less and less desirable.
There has been subordinate evidence that demonstrates that malpractice cases are no
longer settled merely in courtroom settings. Although this may have always been true, this was
not always utilized by the more contemporary approaches. More recently, however, there has
been strong, authentic proof that medical malpractice situations can be resolved outside of a
courtroom. Sometimes they can even be settled without the involvement of legal entities.
Potential strategies, such as setting up the conversation, listening, evaluating
comprehension, genuinely apologizing, discussing next steps, and consoling the patient and his
or her family are important in handling malpractice cases (Murphy et al., 2021). Apparently,
evidence shows that apologies and error disclosure from healthcare providers have enhanced
the settling of malpractice claims, which is a more favorable resolution in these circumstances.
This method fosters trust and usually ensues more favorable results for each party involved in
the case.
Typically, whenever healthcare professionals face accusations of malpractice made
against them, their first instinct is to prioritize defending themselves against the claim and
demonstrate their innocence. This raises the ultimate question of whether or not this is the best
course of action of dealing with a medical malpractice claim or if there is a better alternative.
Evidence indicates that the probability of a malpractice claim being resolved outside of a court is
significantly greater when a medical practitioner has displayed sympathy and compassion
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toward their patient. They typically do this by apologizing orally in order to help alleviate the
results of the medical error on the patient and their life, and their family, if appropriate.
According to the Christian Pharmacists Fellowship International (2014), promptly
responding with empathy, remorse, sympathy, and a wish that the error did not occur is
required when handling these situations. Some people may view apologies from healthcare
providers as ineffectual to anyone besides the healthcare professional challenging the
malpractice claim. Reminding all parties involved in dealing with malpractice that the medical
professional is still a human being capable of making mistakes occasionally is a potential
strategy in helping to make apologies work in malpractice situations. This approach helps
promote understanding and decrease aggressive tension.
At the same time, however, it is also crucial that the healthcare professional does not
explicitly acknowledge fault or direct responsibility for the medical error that has transpired.
Admitting liability directly safeguards any legal claims the injured party has against the
healthcare provider. Equalizing emotional validity with legal discretion is critical, as an apology
can be powerful, but it must be constructed carefully to avoid any inadvertent accountability.
The field of physical therapy is characterized as a specialty in which the capability of
delivering a malpractice apology is necessary. While studying this practice, focusing attention on
the current condition of medical error claims and the methods physical therapist practitioners
employ when defending themselves against these contentions is wise. This is because physical
therapists possess roles of leadership in their sphere of practice. Therefore, it is essential to
know what the best strategy to malpractice allegations is since they usually fall on those in
leadership positions.
One approach is to ensure that potential physical therapists receive quality education in
this field so that they are provided with the necessary assets when choosing how to handle a
malpractice claim in the future. Many institutions are making sure that physical therapy
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students know that it is equally valuable to learn about apology delivery as a clinical skill and
procedure.
They emphasize that this is equally important as their career-based knowledge.
According to Brock et al. (2014), participating in educational programs that apply
disclosure skills teaching is highly recommended. The significance of teaching students how to
implement the principles of delivering an apology in malpractice claim situations and has greatly
increased since the 1980s and 1990s. This amendment reflects a wider perception of the pivotal
impact ethical communications can have in resolving malpractice claims and preserving
confidence in the therapeutic relationship.
It has become a common assumption that there is an emotional component to the
malpractice claim whenever an injured patient decides to pursue legal action against the
healthcare provider. However, healthcare professionals are learning that to mollify the claim
before it reaches the courtroom, displaying sympathy, compassion, and an apologetic outlook
toward the patient is prone to help settle the matter before it escalates too high.
For healthcare professionals who are worried about admitting a fault but want to
sincerely apologize to an injured patient, there may be a law that protects healthcare providers
from liability in certain situations, depending on the state. Thus, medical professionals can take
solace in knowing that there are apology laws that exist to protect them, even though they vary
from state to state. Fundamentally, the intent of these apology laws is to inspire healthcare
personnel to offer their sympathies and condolences without fearing the consequences. This is
because if the patient filing the malpractice claim were to choose to take the situation to court,
regardless of the apology, the medical professional may decide to handle the matter however
they deem suitable. Specifically, the laws concerning this would essentially permit
demonstrations of sympathy and apologies to be acknowledged in court and would not be used
against the medical professional.
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Thirty-nine states have indorsed these apology laws in an effort to help reduce the
number of medical malpractice lawsuits. However, there are some gaps in these laws that still
allow healthcare providers to be prosecuted for medical malpractice liability. For instance, if a
patient filed a malpractice claim, an apology is not useable as evidence in a courtroom and
could still encourage the harmed party to pursue their claim in court. These gaps undermine the
need to communicate information carefully when addressing medical errors.
There are various resources that evaluate the relationship between the physical therapy
field and Biblical worldview. In particular, the Christian Medical and Dental Association (CMDA)
reminds those both inside and outside the healthcare field that medical personnel do not and
cannot always cure every disorder. The CMDA also elaborates on the fact that regardless of the
high technological advancement, it is deceptive and futile to attempt to convince anyone that
any disorder and illness is curable. This world is still corrupt and cursed and will be until Christ
returns it to its original state (Butler, 2022).
For Christian healthcare professionals, this source uses 2 Corinthians 5:21 and Romans
5:8 as consolation for those who have made medical errors and may still be haunted by these
memories and feel guilty. As stated in 2 Corinthians 5:21, “For He made Him who knew no sin to
be sin for us, that we might become the righteousness of God in Him” New King James Bible,
1982). This passage emphasizes the fact that God cast all human sin on Christ so that all who are
willing could receive forgiveness. Romans 5:8 says, “But God demonstrates His own love toward
us, in that while we were still sinners, Christ died for us” (New King James Bible, 1982). Jesus
paid the price for everyone’s guilt and shame; thus, if they have sincerely repented and turned
from their sin, they should not cling to their guilt.
Another relevant principle is seeking forgiveness from both God and the injured party
but could also include the healthcare provider forgiving an invalid malpractice claim from a
patient. This implies that delivering an effective apology should be done in a calm and ethical
manner, as well as not harboring any bitterness, hatred or the sinful act of the party involved.
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Christian medical personnel should confess errors to God, seek His forgiveness, and cast their
guilt on Him. Jesus also commands Christians to forgive others who have wronged them just as
Christ first extended His forgiveness.
Applying a Biblical worldview in a profession also correlates with malpractice apologies.
Living in a manner that reflects God’s calling to follow Him leads Christians to apologize,
regardless of the legal aspect. Throughout Scripture, God teaches people to take responsibility
for their mistakes and have the courage to admit them, which can allow them to connect with
others through the Gospel. This, in turn, could allow the injured patient to find comfort within
the compassion and sympathy of the accused healthcare provider.
References
Brock, D. M., Quella, A., Lipira, L., Lu, D. W., & Gallagher, T. H. (2014). Physician Assistants and
the Disclosure of Medical Error. Academic Medicine, 89(6), 858–862. National
Library of Medicine. https://doi.org/10.1097/acm.0000000000000261
Murphy, R., Goucher, S., Sullivan, C., Moloney-Jones, A., Derbidge, C., & Henricksen, J. (2021,
March 18). How to Disclose Medical Errors and Unanticipated Outcomes. University of
Utah.
Retrieved September 16, 2025, from https://healthcare.utah.edu/integrative-
health-wellness/resiliency-center/news/2021/03/ how-disclose-medical-errors-and
New King James Bible. 1982. Thomas Nelson.
Position Statement: A Christian Response to Adverse Outcomes. (2014). Christian Pharmacists
Fellowship International. https://www.cpfi.org/assets/docs/Position_Statements/cpfi
%20position%20statement%20 christian%20response%20to%20adverse
%20outcomes.pdf
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Roberts, R. G. (2007). The Art of Apology: When and How to Seek Forgiveness. Family
Practice Management, 14(7), 44–49.
https://www.aafp.org/pubs/fpm/issues/2007/0700/p44.html
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