When I used to work at Burger King, one of the first things I was taught in training was to never apologize after any sort of accident. Those simple words, “I’m sorry” which come almost automatically when something bad happens can mean a world of trouble for a corporation should a law suit be filed. “I’m sorry” is viewed in court as an admission of guilt.
The same is true in the medical profession, which seems unimaginable to me. Before my baby was born, I stumbled across a few blog entries about late-term miscarriages or infants who had died. The comment section was naturally filled with condolences which often began, “I am so sorry…” It is how we express sympathy and compassion for others who are suffering. No sane person would think that any of the commenters were in any way to blame for what happened because they said, “I’m sorry.”
Unless you are the doctor. And expressing sentiments of regret to your patient when you just lost their child, or have to tell him or her that something went horribly wrong can end in a malpractice suit. Last year, researchers at Baylor College of Medicine began a project to study ways to improve communication and compassion between doctors and their patients. It sounded interesting, but I cannot help but think that both might be improved if doctors were not forced by our litigious society to view every patient as a potential law suit.
Things may change here in Nebraska, and this is one bill before the unicameral that I support. Legislative Bill 373 (pdf) begins:
In any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such civil action, any and all statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence which are made by a health care provider or an employee of a health care provider to the alleged victim, a relative of the alleged victim, or a representative of the alleged victim and which relate to the discomfort, pain, suffering, injury or death of the alleged victim as a result of the unanticipated outcome of medical care shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest.
Maybe I’m just weird, but if something had gone wrong in the delivery room, I would not have wanted my obstetrician to stand by silently. “I’m sorry…” may not do anything, really, but it is an automatic and universally accepted gesture of sympathy at the suffering of another human being. It should not cause a compassionate practitioner to face a conviction in a malpractice suit.
Related Tags: health care, law suits, medical malpractice, LB 373
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“I’m Sorry” in Spanish is “Lo Siento”, which literally translated means “I feel it”.
That’s what an apology should mean - not “I’m guilty”. I am curious, though, is this being seen as an extension of 5th amendment rights, or is it a bill standing on its own?
Mama Says
I was told by the husband of a doctor that doctors are also trained to never admit they don’t know what’s going on. Of course, I already knew this from first- and second-hand experience, and I had attributed it to arrogance; but my acquaintance informed me that it is a doctrine informally taught in medical school.
That is a sad testament to our society :
In general…
we are parents being taught to abrogate responsibility and we are professionals who cannot admit we did something wrong and we are foregoing human compassion in order not to be sued.
That is so sick all around.
Thank you for your comments, and I agree. I like the Spanish, milehimama. In German, it is “Es tut mir leid,” which literally means, “It causes me pain.”
And, as usual, the English isn’t really that different, and the difficulty stems from a more modern usage:
“O.E. sarig “distressed, full of sorrow,” from W.Gmc. *sairig-, from *sairaz “pain” (physical and mental); related to sar (see sore). Meaning “wretched, worthless, poor” first recorded c.1250. Spelling shift from -a- to -o- by influence of sorrow. Apologetic sense is from 1914; as another way to say “excuse me” it is first attested 1972, from phrase sorry about that, popularized 1960s by U.S. TV show “Get Smart.”
Good things coming out of Nebraska. Are there any other states you know of with similar legislation? I’ve had personal experience with “medical mistakes” and would have really appreciated some sympathy, not fear of reprisal.
A friend of mine lost her baby because the doctor waited too long to do a C-section. The child lived for two days, but was basically brain-dead. When she went back for her post-delivery visit he put his head on his desk and said, “I just can’t face you, I am asking you to change to a different doctor.” He felt so terribly bad, and he let her know it. She felt for him too and understood his pain.
That’s heartbreaking, Laurie. But it is also nice the doctor had the character to address that. Medicine is not such an exact science that every “mistake” can so easily be considered negligence.
Jennifer, I have no idea whether any other states have similar legislation. Another bill we have which our beloved Mr. Chambers from Sarpy County opposes is one that does not allow communities to be held accountable for injuries on playground equipment. A relatively recent court ruling left them liable, and has caused many parks to consider closing and local schools to consider fencing off playgrounds.
How ridiculous is that?
Dana, I agree. It is a good thing when a doctor admits he was wrong, but that doesn’t make what he did a necessarily criminal action.