Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking

How should a physician apologize after a medical error?

Michael Kirsch, MD
Physician
December 18, 2013
Share
Tweet
Share

I had thought that apologizing was a straightforward act, but I now realize that it is a nuanced art form. We’ve all heard the “mistakes were made” version, usually issued by politicians who attempt to insert a layer of passive voice insulation between themselves and their screw-ups.

There is also the ever present conditional apology which by definition falls short of complete responsibility acceptance. The template here is: “I’m sorry for my oversight which wouldn’t have happened if …”

There have been several apologies in the news recently. First, President Obama offered a faux mea culpa with regard to his indisputable and repeated “misrepresentations” on his broken promise that we could all keep our own doctors and health insurance plans.

Here’s what he said: “I am sorry that they are finding themselves in this situation based on assurance they got from me.”

Finding themselves? Really? I grade this as beyond lame on the apology scale.

CBS’s flagship and enduring news magazine 60 Minutes apologized for using a source on a Benghazi piece who was a liar.

“We were wrong to put him on the air,” said Lara Logan a few days prior to airing a formal apology. The latter included, “It was a mistake to include him in our report. For that, we are very sorry.”

While some have criticized this apology as inadequate, I am more lenient here. They admitted they screwed up, apologized and didn’t blame anyone for their mess up. Sure, they could have fallen harder on their sword or fired a few folks, but I think they crossed the minimum standard for contrition and acceptance of responsibility.

Recently, a newspaper issued a retraction for comments published 150 years ago. The Patriot-News, a Pennsylvania newspaper earlier this month issued a retraction for referring to Lincoln’s Gettysburg Address as “silly remarks.” Their recent editorial included the statement: “The Patriot-News regrets the error.” I congratulate them on reaching this belated, enlightened position. They certainly cannot be accused of a rush to judgment. Let’s look for other retractions from them for other errant opinions they published in the 19th century.

Martin Bashir, issued 2 minute on air apology on MSNBC for a diatribe against Sarah Palin. While the apology seemed genuine, most of us would have lost our jobs for similar behavior.

What should doctors do when we make a mistake? Of course, from a moral perspective, there is no controversy . We should do what we expect others to do. When we err, we should admit it and apologize for it.

Of course, some errors are trivial and do not require us to march into the confessional. If a patient receives liquid diet when a soft diet was ordered, the world will continue to spin. No foul here. But substantive errors must be disclosed.

The dilemma for physicians is fear that admission of error, which is morally required, may be used as a cudgel if the physician is sued for medical malpractice, which is an unfair arena. Personally, I believe that this concern that apologizing will increase legal risk is exaggerated and that a genuinely contrite physician may reduce legal vulnerability by explaining candidly what went wrong. It should be self-evident that an adverse event or a mistake is not tantamount to medical negligence, but so many misunderstand this.

ADVERTISEMENT

Nevertheless, physicians should choose their words carefully when disclosing medical errors to patients and their families. Many states have physician apology laws that state that expressions of regret are not admissible in medical malpractice trials. These laws are narrowly crafted. If the physician’s statement goes beyond expressions of regret and empathy, it is admissible.

Inadmissible: “I’m very sorry that this complication occurred and that a second surgery will be necessary.”

Very admissible: I’m sorry that I nicked the spleen and I had to remove it.”

So, how was this post? Verbose? Self-serving? Tedious? Factual errors? Arrogant?

If so, don’t blame me. Sometimes, mistakes are made.

Michael Kirsch is a gastroenterologist who blogs at MD Whistleblower. 

Prev

Patients who refuse their physicians' advice

December 17, 2013 Kevin 17
…
Next

When end of life care becomes a confrontation

December 18, 2013 Kevin 12
…

Tagged as: Malpractice

Post navigation

< Previous Post
Patients who refuse their physicians' advice
Next Post >
When end of life care becomes a confrontation

ADVERTISEMENT

More by Michael Kirsch, MD

  • Are Ozempic patients on a slow-moving runaway train?

    Michael Kirsch, MD
  • AI-driven diagnostics and beyond

    Michael Kirsch, MD
  • The surprising truth behind virtual visits

    Michael Kirsch, MD

More in Physician

  • From errors to resilience: a smarter approach to patient safety

    Olumuyiwa Bamgbade, MD
  • The most overlooked revenue strategy in primary care: trust

    Jerina Gani, MD, MPH
  • Why medical boards are facing growing backlash for abusing power

    Kayvan Haddadan, MD
  • Why terminal cancer patients still receive aggressive treatment

    M. Bennet Broner, PhD
  • How doctors can build emotional strength through writing

    Carolyn Roy-Bornstein, MD
  • When medicine surrenders to ideology

    Anonymous
  • Most Popular

  • Past Week

    • Why taxing remittances harms families and global health care

      Dalia Saha, MD | Finance
    • How AI, animals, and ecosystems reveal a new kind of intelligence

      Fateh Entabi, MD | Tech
    • Why kratom addiction is the next public health crisis

      Muhamad Aly Rifai, MD | Meds
    • First-name familiarity improves doctor-patient connection

      Ryan Nadelson, MD | Physician
    • It’s OK to want a different life in medicine [PODCAST]

      The Podcast by KevinMD | Podcast
    • How Japan and the U.S. can collaborate for better health care

      Vikram Madireddy, MD, Masashi Hamada, MD, PhD, and Hibiki Yamazaki | Education
  • Past 6 Months

    • Forced voicemail and diagnosis codes are endangering patient access to medications

      Arthur Lazarus, MD, MBA | Meds
    • How President Biden’s cognitive health shapes political and legal trust

      Muhamad Aly Rifai, MD | Conditions
    • The One Big Beautiful Bill and the fragile heart of rural health care

      Holland Haynie, MD | Policy
    • Who gets to be well in America: Immigrant health is on the line

      Joshua Vasquez, MD | Policy
    • Why specialist pain clinics and addiction treatment services require strong primary care

      Olumuyiwa Bamgbade, MD | Conditions
    • Harassment and overreach are driving physicians to quit

      Olumuyiwa Bamgbade, MD | Physician
  • Recent Posts

    • It’s OK to want a different life in medicine [PODCAST]

      The Podcast by KevinMD | Podcast
    • Why treating obesity like a medical condition saves lives

      Ted Dodge, MD | Conditions
    • From errors to resilience: a smarter approach to patient safety

      Olumuyiwa Bamgbade, MD | Physician
    • The unseen emotional toll of being a physician

      Sarah Epstein | Conditions
    • The most overlooked revenue strategy in primary care: trust

      Jerina Gani, MD, MPH | Physician
    • Why medical boards are facing growing backlash for abusing power

      Kayvan Haddadan, MD | Physician

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

View 18 Comments >

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

ADVERTISEMENT

  • Most Popular

  • Past Week

    • Why taxing remittances harms families and global health care

      Dalia Saha, MD | Finance
    • How AI, animals, and ecosystems reveal a new kind of intelligence

      Fateh Entabi, MD | Tech
    • Why kratom addiction is the next public health crisis

      Muhamad Aly Rifai, MD | Meds
    • First-name familiarity improves doctor-patient connection

      Ryan Nadelson, MD | Physician
    • It’s OK to want a different life in medicine [PODCAST]

      The Podcast by KevinMD | Podcast
    • How Japan and the U.S. can collaborate for better health care

      Vikram Madireddy, MD, Masashi Hamada, MD, PhD, and Hibiki Yamazaki | Education
  • Past 6 Months

    • Forced voicemail and diagnosis codes are endangering patient access to medications

      Arthur Lazarus, MD, MBA | Meds
    • How President Biden’s cognitive health shapes political and legal trust

      Muhamad Aly Rifai, MD | Conditions
    • The One Big Beautiful Bill and the fragile heart of rural health care

      Holland Haynie, MD | Policy
    • Who gets to be well in America: Immigrant health is on the line

      Joshua Vasquez, MD | Policy
    • Why specialist pain clinics and addiction treatment services require strong primary care

      Olumuyiwa Bamgbade, MD | Conditions
    • Harassment and overreach are driving physicians to quit

      Olumuyiwa Bamgbade, MD | Physician
  • Recent Posts

    • It’s OK to want a different life in medicine [PODCAST]

      The Podcast by KevinMD | Podcast
    • Why treating obesity like a medical condition saves lives

      Ted Dodge, MD | Conditions
    • From errors to resilience: a smarter approach to patient safety

      Olumuyiwa Bamgbade, MD | Physician
    • The unseen emotional toll of being a physician

      Sarah Epstein | Conditions
    • The most overlooked revenue strategy in primary care: trust

      Jerina Gani, MD, MPH | Physician
    • Why medical boards are facing growing backlash for abusing power

      Kayvan Haddadan, MD | Physician

MedPage Today Professional

An Everyday Health Property Medpage Today
  • Terms of Use | Disclaimer
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

How should a physician apologize after a medical error?
18 comments

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...