I READ with interest your report on MSP Margaret Mitchell's move to introduce an apology law in Scotland ("MSP aims to help public bodies 'apologise'", The Herald, April 12).
As an organisation helping doctors with claims and problems arising from their practice, we are all too familiar with the 'myth' that an apology means you're admitting liability.
In Australia, each of the six states and two territories have enacted apology protection laws. Each state and territory has adopted different wording in its statute, but in all cases an apology cannot, in personal injuries litigation, be pleaded as an admission of liability.
Introducing legislation like this would remove one of the barriers to achieving greater openness about mistakes in healthcare, but we also need to create a culture of openness. This means healthcare organisations supporting their staff to be open with patients when things go wrong, by providing ongoing support, training, mentorship and senior clinicians who lead by example.
From a survey conducted by the Medical Protection Society, findings showed that 95% of patients feel it is very important for doctors to give an open and honest explanation when things go wrong. And although 92% of doctors believe they are always open and honest with patients, 70% said they received no or limited support from their organisation when a mistake had occurred. An apology law would be a step in the right direction but there also needs to be a shift in culture.
Dr Rob Hendry.
Medical Protection Society,
39 George Street, Edinburgh.
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