Greater Transparency Could Reduce Medical Negligence Claims

Senior doctors are calling for greater transparencyapologising could in fact lead patients to make legal
and honesty in events of medical errors being madeclaims against them, as well as risking action from the
and even believe that increased openness withGeneral Medical Council. Despite this commonly held
patients could significantly reduce the number ofview, many still argue that a carefully presented and
medical negligence claims which are taken to court.sensitive apology with an explanation of what went
At present, some doctors believe that all too often,wrong and what will be done to avoid it happening
victims of medical errors and their families areagain in the future can diffuse the situation and could
resorting to consulting solicitors simply becauseactually reduce medical negligence claims.
doctors often close ranks and patients do not getIt is certainly true that the entire process of launching
the apology and explanation they so desperatelyclinical negligence claims is stressful for the victims
want for their own peace of mind.and families concerned. It is also true that many
For the victims, claim some commentators, money ispatients feel driven to legal action not by desire for
not important and is far from the driving factor inmoney, but by desire to find peace of mind by way
making legal claims following errors and negligence. Inof an explanation and apology. If transparency was
fact, they claim patients and their families feel drivenencouraged from the start, maybe more victims
to legal action by what they feel is secrecy and lackcould concentrate on their recovery than on a legal
of openness on the part of the doctors and the NHS.battle.
Paradoxically, many practising doctors are fearful ofThis topic is discussed on my Raleys Solicitors blog.
apologising over errors they make, believing that