Preventing lawsuits: Coalition pushes apologies and cash up-front

Dealing with medical errors when they happen -- instead of in court -- can benefit doctors and patients, supporters say.

By Tanya Albert, amednews staff. Feb. 7, 2005.

A new coalition of patients, attorneys, doctors and hospital administrators across the nation has an idea to keep liability costs and medical errors down at the same time.

The group is called the Sorry Works! Coalition. Its members describe the idea like this:

Hospitals and physicians review every adverse incident.
Hospital administrators and physicians sit down with patients and families to explain what happened.
The hospital and doctor apologize if a mistake was made and offer the patient or family fair compensation if the investigation finds that there was a medical error. They explain how the problem will be corrected.

It's a step beyond the commonly called "I'm sorry" laws that several states have passed in recent years that allow doctors to apologize without it being used against them in court as admitting liability.

Organizers believe that the full disclosure and up-front settlements will have a big impact on the medical liability climate.

"More patients get justice; there are fewer lawsuits, so it lowers liability costs; it reduces errors in the long run; and the constitution isn't altered," said Doug Wojcieszak, an Edwardsville, Ill., resident who founded Sorry Works! "It's truly a middle-ground solution."

The organization -- set to officially kick off Feb. 9 -- comes at a time when the issue of how to lower physicians' medical liability insurance costs so they won't retire early or cut high-risk services has been an issue for debate at the state and federal level.

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