By Robert Lowes
Medscape Medical News
Originally published April 27, 2012
The Massachusetts Medical Society (MMS) wants to prove that clinicians and hospitals can keep medical malpractice out of the courtroom by owning up to their mistakes with apologies — and sometimes cash as well.
The result, says the MMS, will be not only fewer lawsuits but also improved patient safety, less defensive medicine, and lower costs.
Earlier this month, the MMS and 5 other state healthcare organizations announced the start of a pilot program to promote a process called Disclosure, Apology, and Offer, or DA&O. It's a kinder and gentler approach to medical liability reform compared with measures such as caps on noneconomic (pain and suffering) and punitive damages, which are viewed in some quarters as abridging the legal rights of patients.
Like most of organized medicine, MMS supports these traditional liability reforms, but it also sees merit in avoiding the courts.
"The current liability system impedes open communication," says Alan Woodward, MD, a past MMS president and chair of its professional liability committee. "It creates a culture of blame, finger-pointing, and secrecy. We're trying to turn that around into an advocacy system that supports both patients and providers."
Thanks to Gary Schoener for this lead.
