Transparency, Apology, & Disclosure of Medical Errors - Western ...

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California Apology LawEvidence Code 1160The portion of statements, writings, or benevolentgestures expressing sympathy or a generalsense of benevolence relating to the pain,suffering, or death of a person involved in anaccident and made to that person or to the familyof that person shall be inadmissible as evidenceof an admission of liability in a civil action.A statement of fault, however, which is part of,or in addition to, any of the above shall not beinadmissible pursuant to this section.
Likely to Reduce the Cost ofMalpractice Litigation• Patients who believe they are receivingincomplete information about an erroroften litigate to learn more• Apologies may help deter legal actionand promote more effective settlements• Damage awards are often higher iferrors were not disclosed
Page 1 and 2: Transparency, Apology, andDisclosur
Page 3 and 4: Medical Errors are PervasiveGeneral
Page 5 and 6: Patients want to be told!• 87% th
Page 7 and 8: When asked directly physicianssaid
Page 9: Rationale forApology (andDisclosure
Page 13 and 14: SummaryApology anddisclosure . . .
Page 15 and 16: System EventsThe Lost Test Result 1
Page 17 and 18: System EventsThe Lost Test Result 2
Page 19 and 20: What DO You Say?• Use genuine com
Page 23 and 24: Ways of Failing to Take Responsibil
Page 25 and 26: Elicit Perspective and Add A GoodSi
Page 27 and 28: Let the Patient TalkDoctors interru
Page 29 and 30: Adverse Events/NeverEvents/Sentinel
Page 31 and 32: Missed Clues(Empathic Opportunities
Page 35 and 36: Medicine Event:WrongPrescription
Page 37 and 38: How Apologies Heal: The Casefor Cha

Transparency, Apology, & Disclosure of Medical Errors - Western ...

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