Safety of candour: how protected are apologies in open disclosure?

Summary

This paper from Leung and Porter, published in the BMJ, examines some of the legal issues of apologies and their implications for healthcare professionals.

Content

Key messages

• Apology statements in open disclosure could amount to an admission of fault and liability, be used in court as evidence, and affect professional indemnity coverage.
• Apology statutes aim to encourage apologies by protecting those who make them in this regard, but the degree of protection varies between countries.
• In Great Britain, protection does not seem sufficiently clear or comprehensive, offering doctors little assurance as to the legal consequences of the apologies which are now mandated by statutory duties of candour.
• The law should be clarified to facilitate open disclosure for the benefit of patients, their carers, and healthcare professionals.