Massachusetts Physicians, Attorneys Praise Apology-Condoning Malpractice Program
The Massachusetts Medical Society, Massachusetts Bar Association and Massachusetts Association of Trial Attorneys agreed upon language included in the bill — which was signed by Gov. Deval Patrick Aug. 6 — after years of exchange. The law includes specific language facilitating the approach of a program known as "Disclosure, Apology and Offer."
Under the DA&O model, providers, institutions and payors disclose unanticipated adverse outcomes with patients. They then investigate what happened and establish systems to prevent future occurrences. Providers can also apologize and offer fair financial compensation, when appropriate, so the patient does not have to resort to legal action.
The bill also includes language for a six-month, pre-litigation resolution period that affords providers and patients time to go through the DA&O process. It also allows statements of apology by providers to be inadmissible in court.
Editor's note: This article was amended August 16 to correct a typographic error in the last sentence that said apologies were admissable in court. Apologies are inadmissable under the law. We apologize for the error.
More Articles on Medical Malpractice:Why Don't Some New York City Hospitals Have Malpractice Insurance?
New Hampshire First State to Enact "Early Offer" Malpractice Reform
Missouri Supreme Court Strikes Down Caps on Malpractice Awards
© Copyright ASC COMMUNICATIONS 2015. Interested in LINKING to or REPRINTING this content? View our policies by clicking here.
To receive the latest hospital and health system business and legal news and analysis from Becker's Hospital Review, sign-up for the free Becker's Hospital Review E-weekly by clicking here.