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

ADVERTISEMENT

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

  • Why adults need to rediscover the power of play

    Anthony Fleg, MD
  • Physician patriots: the forgotten founders who lit the torch of liberty

    Muhamad Aly Rifai, MD
  • The child within: a grown woman’s quiet grief

    Dr. Damane Zehra
  • Why the physician shortage may be our last line of defense

    Yuri Aronov, MD
  • 5 years later: Doctors reveal the untold truths of COVID-19

    Arthur Lazarus, MD, MBA
  • The hidden cost of health care: burnout, disillusionment, and systemic betrayal

    Nivedita U. Jerath, MD
  • Most Popular

  • Past Week

    • The silent toll of ICE raids on U.S. patient care

      Carlin Lockwood | Policy
    • Why medical students are trading empathy for publications

      Vijay Rajput, MD | Education
    • Why does rifaximin cost 95 percent more in the U.S. than in Asia?

      Jai Kumar, MD, Brian Nohomovich, DO, PhD and Leonid Shamban, DO | Meds
    • Physician patriots: the forgotten founders who lit the torch of liberty

      Muhamad Aly Rifai, MD | Physician
    • Why adults need to rediscover the power of play

      Anthony Fleg, MD | Physician
    • Bird flu’s deadly return: Are we flying blind into the next pandemic?

      Tista S. Ghosh, MD, MPH | Conditions
  • Past 6 Months

    • What’s driving medical students away from primary care?

      ​​Vineeth Amba, MPH, Archita Goyal, and Wayne Altman, MD | Education
    • A faster path to becoming a doctor is possible—here’s how

      Ankit Jain | Education
    • How dismantling DEI endangers the future of medical care

      Shashank Madhu and Christian Tallo | Education
    • How scales of justice saved a doctor-patient relationship

      Neil Baum, MD | Physician
    • Make cognitive testing as routine as a blood pressure check

      Joshua Baker and James Jackson, PsyD | Conditions
    • The broken health care system doesn’t have to break you

      Jessie Mahoney, MD | Physician
  • Recent Posts

    • Why adults need to rediscover the power of play

      Anthony Fleg, MD | Physician
    • How collaboration across medical disciplines and patient advocacy cured a rare disease [PODCAST]

      The Podcast by KevinMD | Podcast
    • 5 cancer myths that could delay your diagnosis or treatment

      Joseph Alvarnas, MD | Conditions
    • When bleeding disorders meet IVF: Navigating von Willebrand disease in fertility treatment

      Oluyemisi Famuyiwa, MD | Conditions
    • The hidden cost of becoming a doctor: a South Asian perspective

      Momeina Aslam | Education
    • Physician patriots: the forgotten founders who lit the torch of liberty

      Muhamad Aly Rifai, 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

ADVERTISEMENT

ADVERTISEMENT

ADVERTISEMENT

  • Most Popular

  • Past Week

    • The silent toll of ICE raids on U.S. patient care

      Carlin Lockwood | Policy
    • Why medical students are trading empathy for publications

      Vijay Rajput, MD | Education
    • Why does rifaximin cost 95 percent more in the U.S. than in Asia?

      Jai Kumar, MD, Brian Nohomovich, DO, PhD and Leonid Shamban, DO | Meds
    • Physician patriots: the forgotten founders who lit the torch of liberty

      Muhamad Aly Rifai, MD | Physician
    • Why adults need to rediscover the power of play

      Anthony Fleg, MD | Physician
    • Bird flu’s deadly return: Are we flying blind into the next pandemic?

      Tista S. Ghosh, MD, MPH | Conditions
  • Past 6 Months

    • What’s driving medical students away from primary care?

      ​​Vineeth Amba, MPH, Archita Goyal, and Wayne Altman, MD | Education
    • A faster path to becoming a doctor is possible—here’s how

      Ankit Jain | Education
    • How dismantling DEI endangers the future of medical care

      Shashank Madhu and Christian Tallo | Education
    • How scales of justice saved a doctor-patient relationship

      Neil Baum, MD | Physician
    • Make cognitive testing as routine as a blood pressure check

      Joshua Baker and James Jackson, PsyD | Conditions
    • The broken health care system doesn’t have to break you

      Jessie Mahoney, MD | Physician
  • Recent Posts

    • Why adults need to rediscover the power of play

      Anthony Fleg, MD | Physician
    • How collaboration across medical disciplines and patient advocacy cured a rare disease [PODCAST]

      The Podcast by KevinMD | Podcast
    • 5 cancer myths that could delay your diagnosis or treatment

      Joseph Alvarnas, MD | Conditions
    • When bleeding disorders meet IVF: Navigating von Willebrand disease in fertility treatment

      Oluyemisi Famuyiwa, MD | Conditions
    • The hidden cost of becoming a doctor: a South Asian perspective

      Momeina Aslam | Education
    • Physician patriots: the forgotten founders who lit the torch of liberty

      Muhamad Aly Rifai, 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...