Is "I'm Sorry" All the Victim of Medical Malpractice Needs?

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   Several hospitals, medical facilities, and doctor's offices across the nation have been investigating the premise that when something goes wrong in a patient's care, it is best to disclose the problem to the patient and/or family, apologize if that would be appropriate, and offer some sort of financial compensation if necessary. This DAO (disclose, apologize, and offer) approach is intended to stem the number of medical malpractice suits and facilitate closure for patients and their families. Whether the program is found in the Bronx, Albany, Boston, or L.A., it is based on the premise that medical malpractice lawyer-instigated lawsuits are driving up the cost of healthcare and some alternative must be found.

Even if the premise that medical malpractice litigation is what is fueling the rising cost of healthcare, which is an arguable statement, at best, to suggest that the solution to the problem of doctor or hospital error regarding a patient's care is to simply offer an apology and a sum of money determined by the hospital or doctor as being the right amount to cover the effects of that error, would appear to be naïve at best and incredibly patronizing when put into practice.

Proponents of the plan here in the Bronx and elsewhere rightly point out that owning a mistake and apologizing for it is the right thing to do, that it would make medical practitioners appear more ethical. If, after committing medical malpractice, a doctor or facility were to admit the mistake and apologize because they truly felt remorse for the malpractice and the pain and suffering it caused a patient or family, it would indeed boost the ethics of the medical profession in everyone's esteem. If, however, the disclosure and apology are in the service of avoiding medical malpractice litigation – which is how DAO programs are across the country are being pitched, then ethical behavior is not at the top of the list of attributes that would come to mind.

Medical patients in the Bronx will not be easily fooled by such tactics. Patients here who have been the victims of medical malpractice know that their best chance of being fully compensated for the pain and suffering that they have endured is to contact a Bronx medical malpractice lawyer who will represent them and aggressively pursue all of the benefits to which they are entitled. If, after a victim of medical malpractice has been adequately compensated, a doctor or hospital wishes to apologize for the injury done, the apology might actually be believable. However, until then, DAO (disclose, apologize, and offer) will ring hollow and be nothing but DOA (Dead on Arrival).
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