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O U T P AT I E N T S U R G E R Y M A G A Z I N E O N L I N E | O C T O B E R 2 0 1 4
Thomas L. O'Carroll, JD
LEGAL UPDATE
Is It Safe to Say You're Sorry?
Communicating adverse outcomes can be complicated.
A
fter a procedure that results in a patient's accidental death, a
surgeon meets with family members and says, "I am very sorry
and I take full responsibility. Let me tell you what happened
and why." Has he just admitted negligence, or will his openness avert
a lawsuit? The short answer: It depends. Here's why this emotionally
charged situation remains a legal tightrope.
Communication and condolences
In recent years, academics and lawmakers have speculated on
whether improvements in physicians' communication skills could
help to defuse litigation following adverse outcomes. To encourage
WORST CASE What can and can't
physicians say after adverse outcomes?
