The role of apologies in resolving medical disputes

In the wake of medical errors and potential lawsuits, apologies made by medical practitioners to their patients have the ability to defuse prospects of litigation. Often, when things go wrong, patients want to know what actually happened, why it happened and be assured that it will not happen again...

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Main Authors: Jahn Kassim, Puteri Nemie, Saleh, Muhammad Ridhwan
Format: Article
Language:English
English
Published: Universiti Putra Malaysia 2017
Subjects:
Online Access:http://irep.iium.edu.my/63259/
http://irep.iium.edu.my/63259/1/63259_The%20role%20of%20apologies%20in%20resolving.pdf
http://irep.iium.edu.my/63259/2/63259_The%20role%20of%20apologies%20in%20resolving_SCOPUS.pdf
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author Jahn Kassim, Puteri Nemie
Saleh, Muhammad Ridhwan
author_facet Jahn Kassim, Puteri Nemie
Saleh, Muhammad Ridhwan
author_sort Jahn Kassim, Puteri Nemie
building IIUM Repository
collection Online Access
description In the wake of medical errors and potential lawsuits, apologies made by medical practitioners to their patients have the ability to defuse prospects of litigation. Often, when things go wrong, patients want to know what actually happened, why it happened and be assured that it will not happen again. At this juncture, apologies which are ‘statements acknowledging error and its consequences, including accepting responsibilities and communication of regrets’ can reduce the anger as well as patient desire to retaliate. Nevertheless, apologies may also have the potential to be seen as admissions of guilt by the medical practitioner, thus, exposing him to risks of impending lawsuits. In weighing the drawbacks of apologies against their benefits, several countries have enacted ‘apology laws’ that mandate open disclosure of medical errors but shield those who apologise from legal liability. This paper seeks to discuss the role of apologies in the resolution of medical disputes and the barriers faced by medical practitioners in subjecting themselves to acts of open disclosure after a mishap. Nevertheless, the inculcation of a sustainable culture of honesty, openness and respect is fundamental to improve patient safety and public trust in the healthcare system.
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spelling iium-632592018-07-10T02:54:50Z http://irep.iium.edu.my/63259/ The role of apologies in resolving medical disputes Jahn Kassim, Puteri Nemie Saleh, Muhammad Ridhwan K Law (General) In the wake of medical errors and potential lawsuits, apologies made by medical practitioners to their patients have the ability to defuse prospects of litigation. Often, when things go wrong, patients want to know what actually happened, why it happened and be assured that it will not happen again. At this juncture, apologies which are ‘statements acknowledging error and its consequences, including accepting responsibilities and communication of regrets’ can reduce the anger as well as patient desire to retaliate. Nevertheless, apologies may also have the potential to be seen as admissions of guilt by the medical practitioner, thus, exposing him to risks of impending lawsuits. In weighing the drawbacks of apologies against their benefits, several countries have enacted ‘apology laws’ that mandate open disclosure of medical errors but shield those who apologise from legal liability. This paper seeks to discuss the role of apologies in the resolution of medical disputes and the barriers faced by medical practitioners in subjecting themselves to acts of open disclosure after a mishap. Nevertheless, the inculcation of a sustainable culture of honesty, openness and respect is fundamental to improve patient safety and public trust in the healthcare system. Universiti Putra Malaysia 2017-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/63259/1/63259_The%20role%20of%20apologies%20in%20resolving.pdf application/pdf en http://irep.iium.edu.my/63259/2/63259_The%20role%20of%20apologies%20in%20resolving_SCOPUS.pdf Jahn Kassim, Puteri Nemie and Saleh, Muhammad Ridhwan (2017) The role of apologies in resolving medical disputes. Pertanika Journal of Social Science and Humanities, 25 (Spec.). pp. 1-10. ISSN 0128-7702 http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%2025%20(S)%20Oct.%202017/JSSH(S)-0530-2017.pdf
spellingShingle K Law (General)
Jahn Kassim, Puteri Nemie
Saleh, Muhammad Ridhwan
The role of apologies in resolving medical disputes
title The role of apologies in resolving medical disputes
title_full The role of apologies in resolving medical disputes
title_fullStr The role of apologies in resolving medical disputes
title_full_unstemmed The role of apologies in resolving medical disputes
title_short The role of apologies in resolving medical disputes
title_sort role of apologies in resolving medical disputes
topic K Law (General)
url http://irep.iium.edu.my/63259/
http://irep.iium.edu.my/63259/
http://irep.iium.edu.my/63259/1/63259_The%20role%20of%20apologies%20in%20resolving.pdf
http://irep.iium.edu.my/63259/2/63259_The%20role%20of%20apologies%20in%20resolving_SCOPUS.pdf