The Flaws in State 'Apology' and 'Disclosure' Laws Dilute Their Intended Impact on Malpractice Suits

Abstract

This article describes laws in 34 states and the District of Columbia that protect statements of apology from being used in personal injury or medical malpractice litigation, as well as laws in 9 states that require health care institutions to disclose to patients or families when an unanticipated adverse outcome of care occurs. Our analysis suggests that most laws have major shortcomings that may actually discourage full disclosures and apologies and may result in incomplete protection for health care providers who offer apologies. We suggest "best practices" for statutory design. A PDF of the article can be obtained from the authors.

Keywords: Malpractice, Medical, Liability, Apology, Disclosure

JEL Classification: I10, K13