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Chicago Sun Times Editorial
February 25, 2005
When Elton John sings about sorry seeming to be the hardest word, he might be referring to the reluctance doctors have to saying the "s" word after a treatment or procedure goes wrong that shouldn't have. But at a time when soaring medical malpractice insurance causes deep sorrows of its own for physicians, apologizing is an option they may consider, now that the simple act is being looked to as a malpractice rate-buster.
A coalition of Illinois doctors, lawyers, insurers and patient advocates are theorizing that if patients were treated with openness and sympathy -- and offered prompt compensation -- when doctors make mistakes, instead of the chilly detachment doctors frequently feel required to project to protect themselves from malpractice suits, they would be less likely to sue. And if there were less patients suing, there would be a corresponding decline in malpractice insurance costs.
In an uncommonly common-sense development, bills are now pending in the Legislature to test the apology theory by establishing a "Sorry Works" pilot program at two hospitals. Offending doctors would say "I'm sorry" and offer prompt compensation. Doctors would not be at risk: The apologies would not be admissible in court. And hospitals would be protected in the event of an increase in malpractice costs: The state would make up the difference.
To some, this may be a clutching at straws. But such is the crisis situation in Illinois, where soaring malpractice premiums have driven high-risk specialists such as neurologists and ob-gyns to states with lower rates, any and all reasonable measures need to be considered. If nothing else, Sorry Works could help soften the hostility between the camps divided by the $250,000 cap President Bush is pushing on non-economic, "pain and suffering" awards. Apology legislation is supported by both Republicans and doctors, who are for the cap (an idea we favor), and Democrats and trial lawyers, who are against it.
"Patients are far more forgiving than we give them credit for," said the chief risk officer for the University of Michigan Health System, which saw more than a 50 percent drop in legal actions against it and savings of $1.5 million in legal bills after it adopted an apology and compensation policy. Malpractice claims may have increased at a VA hospital in Kentucky that adopted the policy, but payments were lower.
In Illinois, Sorry Works would not benefit from certain X factors in play in those cases, including the six-month notice required in Michigan before the filing of malpractice suits -- a time lag that increases the chances of out-of-court settlements. But with so little to lose and so much to gain, there is no reason why this radically simple approach shouldn't be tried out here. It may not be the solution, but it may be part of a solution. If it doesn't work, no apology will be needed from lawmakers.
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