ACOMS Review - January 2017 | Page 13

When Apology Is Appropriate— And When It’ s Not MedPro Group Patient Safety & Risk Solutions

What is the most appropriate method for apologizing for an adverse or unanticipated outcome? Unfortunately, there is no simple answer. The parties invested in the concept of apology for an adverse or unanticipated outcome are often focused on their own positions on the issue. Thus, they may not appreciate all of the ramifications of apology and transparency.
Legislators and Health Policy Experts
At a public policy level, there’ s a misperception that medical errors can be easily identified and that an apology should automatically occur. This misperception fails to address some key elements.
First, in many cases, it can be very difficult— and sometimes impossible— to rapidly determine whether a patient’ s bad outcome was the result of negligence. Because of this, it may seem like a good idea to pass state legislation that bars an assumption of negligence if a healthcare provider apologizes for a poor outcome. Yet, in reality, forcing an apology from a provider who may have done nothing wrong could erode the provider – patient relationship.
n addition, most people, at one time or another, have had the experience of receiving an insincere apology. If a provider does not feel that he or she is at fault for a poor outcome, an apology might come across as insincere, which may serve to incite anger in the patient or his / her family rather than avoid it.
Hospital and Healthcare Organization Leaders
Many hospitals and healthcare organizations have policies and training programs related to disclosure and apology. These programs and policies may vary widely in their support for the provider team. For example, many providers may not have received much actual disclosure training. As a result, they may not have the skills to navigate an emotionally charged conversation with the patient or his / her family members.
Also, the provider may already have had a challenging relationship with the patient or family before the bad outcome, and, therefore, may not be the best person to offer an apology without assistance from an appropriate representative from hospital or organization leadership.
Healthcare Providers
Some providers are willing to take responsibility for any adverse outcome, because they assume that it must have been their fault. In actual practice, many other factors— such as patient non-compliance or poor organizational processes— can influence outcomes, and providers may have no control over complications that occur.
Sometimes bad things just happen— in spite of good care. It’ s entirely appropriate for a provider to empathize with a patient’ s unanticipated outcome. Empathy does not necessarily equal an apology, but it does require sensitivity and responsiveness on the part of the provider.
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’ s OMS Preferred program is specifically designed to serve the unique needs of oral and maxillofacial surgeons across the country. MedPro is the leader in healthcare malpractice insurance and was the first company involved when malpractice allegations became prevalent more than a century ago. MedPro has been defending the reputations and assets of oral and maxillofacial surgeons since 1899 and will continue to do so for years to come.