The National Arbitration Forum Blog

As a first step form of alternative dispute resolution, ADR is defined as any means of settling disputes outside of the courtroom, saying "I’m sorry" has become a successful step in avoiding lawsuits.

When an electrode was left inside Maria Del Rosario Valdez after her son was delivered by Caesarean section, she was gratified that the hospital quickly acknowledged its mistake and corrected it without charge, begins an article by the International Herald Times/New York Times (Doctors say 'I'm sorry' before 'see you in court', Kevin Sack, 5/19/2008).

According to the article:

…with providers choking on malpractice costs and consumers demanding action against medical errors, a handful of prominent academic medical centers, like Johns Hopkins and Stanford, are trying a disarming approach.

By promptly disclosing medical errors and offering earnest apologies and fair compensation, they hope to restore integrity to dealings with patients, make it easier to learn from mistakes and dilute anger that often fuels lawsuits.

Dr. Timothy McDonald on behalf of the University of Illinois in the article said that malpractice filings have dropped by half since their program started two years ago. In the 37 cases where the hospital acknowledged a preventable error and apologized, only one patient has filed suit. Only six settlements have exceeded the hospital's medical and related expenses.

Richard Boothman at the University of Michigan Health System, one of the first to experiment with full disclosure, said that existing claims and lawsuits dropped to 83 in August 2007 from 262 in August 2001.

Medical error disclosure and apologies to harmed victims by healthcare providers are proving to be an effective way to preserve relationships in healthcare and also avoid excessive litigation costs. Mediation is the ideal forum for discussing and resolving the sensitive issues surrounding medical errors and apologies. Mediations are confidential, allowing parties to frankly discuss issues without the fear of glaring exposure by the media. And mediation is facilitated by trained mediators, skilled in keeping the parties at ease and in moving toward issue resolution.

In situations of medical malpractice, the use of patient-friendly ADR can lead to happier patients and decreases in litigation, meaning better quality of healthcare.

--Keith Maurer

See Also:

I’m Sorry Actually Works