Dr KK Aggarwal
Yesterday, the Congress
president Rahul Gandhi expressed regrets in the Supreme Court over his remarks
related to Rafaele.
If the Apex Court decides to
accept the apology of Rahul Gandhi, this will provide another tool for councils
to decide about medical apology.
The council has powers to
accept the mistake. As per Regulation 8.2 of MCI Code of Ethics, “…If the
medical practitioner is found to be guilty of committing professional
misconduct, the appropriate Medical Council may award such punishment as deemed
necessary or may direct the removal altogether or for a specified period, from
the register of the name of the delinquent registered practitioner…”.
Apologies are gaining in
importance, both nationally and internationally. These started with the example
set by Pope John Paul II in his numerous apologies on behalf of the "children
of the church" in anticipation of the Jubilee Year, as well as redress
through national apologies to various groups-including Japanese Americans
interned during World War II; Native Americans, whose land was confiscated and
were otherwise mistreated; African Americans, whose ancestors were victims of
slavery; and particular African Americans, who were victims of medical tests
such as the "Tuskegee Experiment."
The importance of the
apologies of healthcare professionals-particularly physicians and hospital
leaders through their risk management personnel-to their patients for medical
errors became an important matter in medical education and practice around
2000.
There have been at least five
converging forces leading to the current interest in medical error apology.
1. The
physician-patient relationship is more egalitarian than ever before. Patients
are now apt to be informed consumers-due in part to the Internet and popular
advertising-who feel that they have the right to negotiate their treatment and
know when mistakes have been made.
2. The
American medical community's knowledge about the frequency and seriousness of
medical errors has been growing, and many believe that such knowledge and
disclosure to patients will ultimately improve medical practice. Such
disclosure is now required by the Joint Commission on Accreditation of
Healthcare Organizations.
3. Once
doctors disclose a serious medical error to a patient, it is only common wisdom
for medical professionals to apologize for psychological and humanitarian
reasons. Patients would inevitably perceive withholding an apology in such
circumstances as offensive, insensitive, and unprofessional.
4. Physicians
and other medical staff in several medical centers have successfully diminished
the costs of malpractice suits by apologizing to patients for medical errors
and, when appropriate, making out-of-court settlements.
5. Several
states in USA have passed or are considering legislation that would allow
supportive, benevolent comments, as well as apologies, to be inadmissible in
malpractice cases, thereby encouraging physicians to offer such comments and
apologies.
Lawyers have always advised
physicians and other healthcare professionals to refrain from apologizing to
patients, because they believed that offering an apology is an admission of
guilt, which would increase the frequency and amount of malpractice claims.
This assumption is changing
and today many believe that such apologies are not only ethically correct but
may even decrease such claims.
“Hushing up’ of errors
increases results in an angry patient and creates distrust between the doctor
and the patient.
Apologize to the patient in
such situations…While it does not undo the damage caused, an apology may soothe
the emotions of the patient and/or the family and lessen the anger and
distrust.
Let us see what the apex court
decides…
(Source: De Paul University)
Dr KK Aggarwal
Padma Shri Awardee
President Elect Confederation of
Medical Associations in Asia and Oceania
(CMAAO)
Group Editor-in-Chief IJCP Publications
President Heart Care Foundation of
India
Past National President
IMA
