A recent blog post discussed a study that showed that the “apology” statutes did not mean a reduction in malpractice claims. The laws were passed to encourage doctors to disclose errors and apologize for them, by not allowing the apologies to be admissible at trial.

The pioneer in the “apology movement” is Dr. Lucian L. Leape. In an article in Frontiers of Health Services Management in 2013, Dr Leape discussed the concept in detail. He states that simply telling the patient or family that the doctor is “sorry” for a bad outcome is not enough. The apology has to make clear that the health care provider is accepting “ownership” of the mistake and accepts responsibility for the consequences. Following are some of the takeaways from Dr. Leape’s article:

“Apology conveys respect, mutual suffering, and responsibility. Meaningful apology requires that the patient’s physician and the institution both take responsibility, show remorse, and make amends.”

“Restoring the balance — acknowledging “we’re both hurting” — begins to restore the relationship, which is important to both parties.”

“If we are to make progress in preventing errors, it is essential that we learn from our mistakes, analyze the failures, and identify the systems changes that will prevent them in the future.”

“Even if communication is flawless and apologies are forthcoming when indicated, patients often require a long time to recover, lose their fear, and re-establish trust.”

“As custodian of the systems, the hospital has primary responsibility both for the mishap and for preventing it in the future. Hospital leaders must step up and take that responsibility.”