Introduction
Medical malpractice refers to when a physician or other medical practitioner makes a mistake
that results in harm to a patient inclusive of injury, serious illness and even death. In a society
that is much more litigious than ever before it can be difficult for physicians and healthcare
professionals to navigate claims of malpractice. Laws have been implemented to help reduce the
number of malpractice claims but at its core has done very little to improve the situation. The
selected sources provide insight to a comprehensive understanding of the complex issues that
surround medical malpractice and the apology laws put in place to deal with the issue. The tools
and practices discussed can assist physicians in implementing risk management strategies to
decrease the likelihood of malpractice claims and bolster physician-patient communication.
Sources
Ross, N. E., & Newman, W. J. (2021). The Role of Apology Laws in Medical
Malpractice. Journal of the American Academy of Psychiatry and the Law, 49(3), 406–414.
https://doi.org/10.29158/JAAPL.200107-20
Although apology laws were enacted to reduce malpractice rates, they do not facilitate the type
of communication to improve physician transparency and overall patient satisfaction. While
apology laws don’t seem to exemplify the therapeutic benefits of apologies in general, full
apology laws could potentially improve physician communication and transparency, decreasing
rates and costs of malpractice suits.
Robbennolt J. K. (2009). Apologies and medical error. Clinical orthopedics and related
research, 467(2), 376–382. https://doi.org/10.1007/s11999-008-0580-1
Exploring the role of apologies in medical errors through analysis of the impact apologies have
on patients, healthcare providers and the legal landscape. While apologies can enhance
communication, build trust, and facilitate resolutions, it may also influence liability and
malpractice ligation for physicians.
Ho, B., & Liu, E. (2011). What’s an Apology Worth? Decomposing the Effect of
Apologies on Medical Malpractice Payments Using State Apology Laws. Journal of Empirical
Legal Studies, 8(4), 179–199. https://doi.org/10.1111/j.1740-1461.2011.01226.x
Ho and Liu investigate the impact of apologies on individuals and their perception of trust,
forgiveness, and monetary compensation. Analyzing sincerity and timing of an apology they
investigate how these variables can influence effectiveness in restoring trust and mitigation of
damages. Their studies provide insight into the quantifiable aspects of apologies and their
potential to resolve disputes.
The medical malpractice survival handbook. (2007). Mosby/Elsevier.
The handbook assists healthcare professionals navigate malpractice ligation through
understanding malpractice claims, how to minimize risks, and strategies for effective
communication with patients. It also serves as a guide for physicians and healthcare
professionals on how to implement risk management strategies in their practices.
McMichael, B. J. (2019). THE FAILURE OF “SORRY”: AN EMPIRICAL
EVALUATION OF APOLOGY LAWS, HEALTH CARE, AND MEDICAL MALPRACTICE.
Lewis & Clark Law Review, 22(4).
This article examines the effectiveness of apology laws for healthcare and medical malpractice to
determine whether these laws, which were created to protect apologies from being used against
defendants in legal proceedings, achieve their intended goals. Originally intended to promote
open communication, reduce litigation, and improve patient outcomes, apologies come with
implications and limitations in the healthcare sector. The article gives a deeper dive into the
perspective on the impact of apology laws in medical malpractice.
Frezza, E. E. (2019). Medical ethics : a reference guide for guaranteeing principled care
and quality. Taylor & Francis.
This guide serves as a reference on multiple areas of medical ethics for physicians and
professionals. It also discusses in detail more information about disclosure and the legal aspects
of disclosure. There is also much discussion about transparency between physicians and patients
and how to respond in the physician-patient relationship. Frezza also speaks to how arrogance
can increase the likelihood of litigation.
Chaudhry, S. J., & Loewenstein, G. (2019). Thanking, apologizing, bragging, and
blaming: Responsibility exchange theory and the currency of communication. Psychological
Review., 126(3), 313–344. https://doi.org/10.1037/rev0000139
Chaudhry explores various speech acts and their function in communication. Careful
consideration of the linguistic aspects of expressing gratitude, making apologies, boasting, and
assigning blame help to clarify how social dynamics are embedded in these language choices.
Giving insight to how individuals can strategically use language to navigate social interactions
and avoid dilemmas.
Leape, L. L. (2021). Making Healthcare Safe : The Story of the Patient Safety
Movement. Springer Nature.
Leape provides insight into how patient safety became recognized as an important problem and
how to change processes, working conditions, patient-physician communications, a just culture
and a culture of respect. Discussion on the prevalence of medical errors and how that correlates
with the need to advocate for a systematic approach to reduce harm to patients. Leape promotes
the need for a safety culture, error reporting systems and the need for focus on continual learning
and improvement in healthcare practices.
Analysis
After reading through the source documents, it has given much insight into how communication
and trust play such an important role in the physician-patient relationship. Much of the
articles/books research point to some of the same failures in the apology laws and give
complimentary solutions for physicians to reduce the probability of malpractice claims. I believe
the discussion on these topics will lead the research paper forward.
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