Improving Communications With Patients May Reduce Medical Malpractice Costs

Colorado has an "apology statute" for medical malpractice claims that precludes the patient from admitting evidence of doctor statements "expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence." This evidence law, although similar to provisions in twenty-five other states, is the broadest and most protective of physicians. While the statute encourages doctors to apologize for medical errors, these apologies are often empty, in that they do little to promote patient safety.

In Michigan, where the prevailing practice for medical institutions facing potential malpractice liability has been to terminate all communication between doctor and patient, a recent study suggests a new approach. A twelve-year study conducted at the University of Michigan Health System (UMHS) revealed that a doctor's communication with patients after medical errors tended to significantly reduce costs associated with malpractice actions. In particular, the researchers conducting the study found that annual figures for both lawsuits and legal defense expenditures decreased by over 60% between 2001 and 2010.

UMHS conducted internal reviews for cases involving potential malpractice liability and shared the findings with the affected patients, even if the physician was found to be at fault. Rather than merely providing apologies, UMHS's program sought to educate and inform all parties involved, bringing a level of transparency intended to promote patient safety and peer review.

With the breadth of Colorado's statutory protection of doctor admissions, policy reform in this area may be slower to develop. Nonetheless, the UMHS study reveals a benefit to patients, doctors, and medical institutions that strongly supports the need for more open investigation and continued meaningful dialogue.

Thank you for reading our blog. Personal injury suffered due to medical malpractice can be devastating. If you or a loved one has been seriously injured due to medical malpractice, contact us for immediate assistance. If you have a question or comment, please reply to this blog or send us an e-mail.