How will state medical boards handle cases involving disclosure and apology for medical errors?

Abstract

Surveys were sent to 68 American state medical boards, including territories of the United States, inquiring how they handle—or will handle—cases involving disclosure and apology after medical errors. Surveys were not sent to specialty boards. Thirty-eight state medical boards (n = 38, 56%) responded to the survey, with 31 completing the survey (46% completion rate) and seven boards (n = 7) providing explanations for nonparticipation and other thoughts; 30 boards did not respond in any manner. Boards that completed the survey indicated that disclosure and apology and other positive post-event behavior by physicians are likely to be viewed favorably and disclosing physicians will not be easy targets for disciplinary measures, though boards also stressed they view each case on the merits and patient safety is their top priority. Recommendations are made for policy makers and other stakeholders.

Keywords

Healthcare law and ethics litigation medical regulation professional regulation clinical negligence medical negligence law

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