Medicoegal Hurdles & Ethics

Physicians less likely to accept responsibility for errors if liability threats loom.


"The 21st century doctor is supposed to be all about transparency, but legal liability, that seemingly eternal bugbear, continues to weigh on the profession."

Recently, there has been much discussion about the benefits of physicians admitting their errors and apologizing to patients. Patients feel validated, and typically accept much smaller settlements as part of the process.

Currently, Massachusetts is considering legislation which states that "if a doctor apologizes to a patient and admits making a mistake, the statements couldn't be used in court."

Other states have already adopted similar legislation. However, "not everybody's on board, especially the lawyers," notes the Journal.

They argue that physicians "should be held responsible" if they "cause harm." While many advocate "full disclosure," Massachusetts physicians maintain that "if the threat of liability remains," most healthcare providers will not admit to errors.