Our pal Ivan Oransky at Retraction Watch, who’s also the VP of MedPage Today, alerted us to a terrific MedPage Today video about how and why doctors should apologize. It’s not embeddable, but you can watch it here.
You should probably apologize if you perform a hair transplant with a pizza cutter.[/caption]
A summary of the key points:
Two out of 10 malpractice claims arise as a result of poor communication between doctors and patients. When doctors own up to what happened and apologize, patients are less likely to sue.
Eric Thomas, MD, PhD, a professor of internal medicine at the UT Health Science Center in Houston, talks about research into medical apologies, then adds:
Here in the University of Texas system, we have seen a reduction in claims since we have trained our clinicians in how to have these conversations and encouraged them to disclose and apologize. And importantly, medical malpractice insurers are now encouraging their insured physicians to apologize and tell patients about why things went wrong and offer compensation even outside the court system. So it’s pretty clear now that it’s not only the right thing to do, but it does reduce claims.
(Yup. As Atul Gawande wrote in Better: A Surgeon’s Notes on Performance, “Are doctors who make mistakes villains? No, because then we all are.”)
Chatón T. Turner, Associate Counsel at the UPMC/University of Pittsburgh Medical Center continues:
There was a lot of work done by a lot of well-intentioned lawyers for a while to try to convince doctors that instead of apologizing and being transparent, they should be more defensive and think of their own self-interest. Not only was that strategy in conflict with the physician’s ethics, it also was contrary to how most people like to be treated, right? It’s much easier to sue people you don’t like than it is to sue people with whom you have good relationships. And so what the literature shows is that when physicians are honest with patients, when they actually give them thoughtful apologies and explanations about what happened, it tends to de-escalate the anger and the animus that the patients have with them, and allow them to have real dialogue about what happened.
Sadly, the piece ends with a demoralizing step backward, with health system’s Chief Risk Officer offering a “word of caution” that apology shouldn’t involve any admission of wrongdoing. “You don’t want to admit that you’ve been the cause of that situation,” she says, essentially contradicting the four previous speakers. Also contradicting the philosophy of our old friend Maimonides, who once said, “The physician should not treat the disease but the patient who is suffering from it.”
Saying you’re sorry is actually been the subject of big discussion in the malpractice and medical risk field for something like the last decade. And the Chief Risk Officer is wrong: actually admitting that there was a problem and owning up to what you did to cause it does not increase your legal and financial exposure, it decreases it. Vanderbilt University was one of the pioneers. They show that their overall malpractice costs (insurance, claims, legal costs) dropped dramatically, by something like half, when when they adopted a new policy: acknowledge the problem, investigate to see what caused it, then meet with the patient or family and offer an apology, a clear description of what happened, and a cash settlement.
This works far better than the classic deny, clam up, and defend tactics. Johns Hopkins is actually put out a video series on how to apologize. I have a chapter on this in my book: Healthcare Beyond Reform: Doing It Right for Half the Cost.
Thanks for posting, Joe! Great to have confirmation from an expert that apologies really DO have an important role in medicine.
Thank you very much, Joe.
It’s so hard for us puny humans to think that the coverup is worse than the crime.
The truth will set you free… or at least be less expensive.
The last one amazes me. Apology without admission? How does that work?
“I am so sorry that you had to have a second surgery to remove a half-eaten energy bar from your abdominal cavity. I have no idea how that happened. On the bright side, that’s a great brand of energy bar, and the ingredients are top-notch. It’s the only kind I eat, because we surgeons have to be on top of our game at all times. We all regret what happened, however it happened. We’ll be looking into it! So please accept our apologies for this totally mysterious occurrence.”