New Jersey Hospitals Aim To Avoid Lawsuits With Apology

Main Category: Litigation / Medical Malpractice
Also Included In: Public Health
Article Date: 12 Mar 2009 - 4:00 PDT

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Some New Jersey hospitals have seen a decline in malpractice lawsuits since participating in programs that aim to prevent litigation by offering patients formal apologies and in some cases money, McClatchy-Tribune/Oklahoman reports. The practice is a "radical change from the 'deny and defend' culture of medicine," but some hospital officials believe that openly admitting medical errors is more effective, according to the McClatchy-Tribune/Oklahoman.

Officials from the Medical Society of New Jersey say that a program they are currently evaluating -- called "Sorry Works!" -- has reduced litigation expenses by two-thirds at some U.S. hospitals. Officials from Valley Hospital in Ridgewood, N.J., report that lawsuits have declined by more than 50% since it began making formal apologies. "We want to try to do the right thing in these instances and resolve things ... in a better way than blood and guts litigation," Larry Downs, general counsel for MSNJ, said.

Officials from the New Jersey Hospital Association said they support the idea but are concerned that an apology is an admission of liability and can actually encourage patients to file lawsuits. Richard Winters, chair of the medical board at Hackensack University Medical Center, said, "Until we have meaningful tort reform in this country and people can't sue for spilling coffee on themselves, we will have a hard time bringing people to the table" (McClatchy-Tribune/Oklahoman, 3/9).

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