The Rhode Island Debate: Is “I’m Sorry” Enough?
Posted on Mar 14, 2012 12:05pm PDT
"An apology is the superglue of life. It can repair just about anything." This quote by the Canadian cartoonist Lynn Johnston may be true for many areas of life, but does it apply to the area of medical malpractice? According to actor James Woods, an apology is enough to compensate the loss of his brother. Wood's brother died of a heart attack at Kent Hospital in 2006, partially due to the negligence of the nurses on duty. When he found his brother had passed away, James was quick to file a medical malpractice lawsuit. He was infuriated that the casual behavior of the hospital staff had cost him so dearly. But when the hospital apologized to Woods and agreed to start an institute in his brothers' name, it was enough to divert the actor's anger.
Now, Woods is petitioning for a medical apology bill that would allow doctors in the state of Rhode Island to apologize for bad treatment without the fear that these confessions will be used against them in a medical malpractice lawsuit. He believes that when a hospital says sorry for its shortcomings, this can help grieving family members process the loss. When speaking with CBS News, the actor admitted that the apology was effective and that people who are willing to confess their mistakes are some of the finest people in life.
The bill, sponsored by a Rhode Island representative, formally declares that a doctor's apologies should be inadmissible in a malpractice lawsuit. Using James Wood's platform has helped to raise awareness on the issue at hand, and his testimony is pushing people in favor of the measure. The Rhode Island Medical Society is in support of the potential law, but not everyone is so keen on it. Many lawyers believe that this would protect doctors and insurance companies from assuming responsibility for a medical error, and shut down medical malpractice cases that should be justified through financial compensation. If a doctor can simply apologize and move on from a medical mistake that cost someone's life, what does this say about justice, they muse.
A vote on the bill is pending. The CEO of a Rhode Island hospital says that many health care providers will not apologize for medical malpractice in fear that their words will be used against them. She believes that saying sorry is the appropriate thing to do, and that the state must take legal measures to allow it. Since James Woods' brother passed away, the small state has taken measures to prevent further medical malpractice. The celebrity was able to raise awareness of the heartbreak that is caused by negligent medical staff. This has helped to reform the employee expectations at medical institutions. The goal is to avoid practical mistakes which can have monumental consequences.
A study at the University of Houston attempted to answer the question: is sorry enough? In their highly mathematical and formula-based research, they determined that an apology law increases the number of resolved medical malpractice cases and decreases the average settlement payments. As well, apologies help to diminish the number of medical malpractice cases in the state. The American Journal of Roentgenology also completed a study on the power of apologies in medical malpractice cases. In their findings, they determined that while apologies may be enough in some cases, serious situations still normally ended in a lawsuit. While Rhode Island toys with the idea of a "permission to apologize" law, universities and medical journals will continue to research the power of "I'm sorry" in these serious cases. If you believe that you have been wronged in a medical malpractice case and deserve compensation, talk with a medical malpractice attorney.