Personal Injury Law

Medical Errors and Admitting Mistakes

The New York Times has a story about encouraging doctors to admit their own mistakes. The UCLA surgeon who wrote the article does not contend that admitting medical mistakes should take the place of civil accountability. In fact, she suggests - as some recent literature has indicated - that being forthcoming about medical errors may decrease the number of medical malpractice lawsuits.

I'll admit that while I was reading this story I was circling around ready to pounce when the author suggested that we needed to eliminate malpractice lawsuits in order to get doctors to be able to freely admit mistakes. So let's just pretend, channeling my inner Glenn Beck, the author made that contention so I can refute it. In my defense, I'm not exactly creating a straw man. This argument has been made countless times, that it is somehow safer for patients for health care providers to be able to treat patients in a lovey environment where there is no risk of responsibility for medical errors.

First, let's admit that we are all loathe to admit mistakes. I don't think taking away the risk of a malpractice lawsuit - for which the doctor has insurance in most cases - is going to substantially change the frequency of admission of medical errors.

More importantly, where is the justice in being exculpated for causing a life altering injury because you admit you did something wrong? If a driver crosses the center line and kills someone, can we just move on if the driver admits a mistake? (Bonus argument: accidents are a "known risk" of driving a car, right?) How about if personal injury lawyers who blow a statute of limitations can avoid responsibility by making the grandiose admission that it is all their fault? Wouldn't that help lawyers understand their mistakes? What? Lawyers should buy a calendar? Well, yeah, that would be a good idea too.

Full post as published by Maryland Injury Lawyer Blog on March 14, 2010 (boomark / email).