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September 4, 2005
Detroit Free Press
The first words out of the mouth of a doctor who has made a mistake in treating a patient should be: "I'm sorry."
Unfortunately, many factors, especially the risk of a malpractice lawsuit, make it difficult for doctors and other health care workers to apologize. Now, however, South Carolina may be joining a number of other states in doing something about that.
A state Senate subcommittee is holding a series of public meetings to discuss changes that would encourage doctors to apologize and offer settlements before cases go to court. This effort comes just months after the state passed sweeping malpractice changes, capping the amount litigants can win in lawsuits.
A group known as Sorry Works, which is made up of doctors, lawyers and patients, has launched a nationwide campaign to reduce the number of lawsuits stemming from medical errors.
The group claims -- with ample evidence to back it up -- that an apology from a medical provider and an offer of a reasonable settlement can help curb malpractice suits and reduce overall cost to hospitals. Ultimately, it also might help reduce the cost of malpractice insurance as well.
Under current conditions, doctors, nurses and hospital administrators are constrained from apologizing because it could be construed as an admission of guilt and used against them in a trial. But Sorry Works contends that most people sue out of anger, not greed, and an apology can defuse that anger.
Seventeen states have passed so-called "I'm sorry" laws. The system requires hospitals to investigate every unexpected death with the expectation that anyone involved in the case will cooperate with investigators. If negligence is found, those responsible meet with the family and apologize. Family members are then offered a settlement and told that if they decide not to accept it, they can expect a lengthy and hard-fought lawsuit. ...
Medical malpractice suits are, in effect, one way to make those who are negligent or careless say they're sorry with money.
Sorry Works thinks that a simple apology up front and a reasonable settlement offer can make many such trials unnecessary.
We hope state lawmakers give that idea serious consideration.
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