Does Saying Sorry Mean Liability?

It seems like a common courtesy to say “I’m sorry” when someone is upset with you for some reason.  Like when you bump into to another shopper in line at the grocery store.  You might apologize even if it wasn’t your fault.  “Oops, I’m sorry, I didn’t mean to get in your way.”  A statement like that can make the situation a little less awkward when you both know that if the other person was paying attention it would have never happened.  Or how about the waiter that brings a steak out to the customer exactly the way he ordered it, but the diner has changed his mind or didn’t communicate properly, or didn’t understand that Medium Rare means pink.  A good waiter will do what?  Apologize!  “I’m so sorry sir, my fault, let me take that back and have it cooked more for you.”  Of course that is what you would expect from your waiter, or from a fellow shopper, or in almost any circumstance you can think of — except in healthcare.

Doctors Are Afraid to Say Sorry

Typically doctors and hospitals don’t apologize because they are afraid that, “I’m sorry” = medical malpractice claim.  Many physicians have told us that they were actually taught in training to never apologize for anything.  That may not be the norm, but it is a frightening fact.  But saying sorry doesn’t necessarily mean you are admiting guilt, does it?  When I tell a friend I’m sorry she lost her job, I’m not saying it was my fault.  I’m showing that I care about her as a friend, and I’m sorry she is unhappy.  Can that attitude work in medicine as well?

What Some are Saying

In an article entitled, “Saying ‘Sorry’ Pays Off for U.S. Doctors,” it’s reported that apologizing for a bad outcome can actually difuse a claim.  Sometimes that’s all patients want.  They just want to hear someone show that they really care and that they are sincerely sorry about what happened.  But some in healthcare are going a step further.   In some cases doctors and hospitals are admitting their mistakes and offering compensation to patients to avoid being sued.  According to the University of Michigan Health System, their claims dropped significantly when they started the practice of apologizing.  They just see it as common decency.

What Do You Do in Your Practice?

Obviously, physicians need to be careful about admitting guilt.  Let us know what your practice is.  Do you apologize when a patient is not satisfied with an outcome?  It would be a good idea to speak to a medical malpractice defense attorney to discuss the ramifications of saying sorry.  Contact your broker to find out what to do if a patient is upset and how  to avoid a medical malpractice claim.  In most cases you need to notify your broker or insurance carrier in the event of an incident that could become a claim.