The disclosure of medical errors: a catalyst for litigation or the way forward for better patient management?

Abstract

There is enshrined, within the General Medical Council's Good Medical Practice Guidelines, a professional duty imposed upon doctors to advise patients when medical errors have occurred. This issue has recently been exalted by calls from the National Health Service Litigation Authority for hospitals and doctors to adopt a more open and honest culture about disclosing medical errors to patients who have been injured during treatment. This request, and indeed obligation, to disclose medical errors does not seem to be manifesting with great regularity in clinical practice. This is despite the ethical and practical reasons for such disclosure, and its potential to reduce litigation against doctors and hospitals and by association the significant sums paid out each year in damages and legal costs, which money could more readily be directed towards improving patient care.