'Sorry about that pair of scissors in your stomach'

by Rob Peters | April 15, 2008 at 10:50 pm
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Professional Misconduct

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A new "Apology Act" introduced in Ontario will likely make it possible for doctors and other professionals to say sorry for mistakes without facing legal repurcussions.

TORONTO - Ontario Liberal backbencher David Orazietti thinks it's wrong that going to court means never having to say you're sorry, so he introduced the Apology Act in the provincial legislature Tuesday in hopes of encouraging more people to offer sincere regrets for their mistakes.

The law must be changed to allow everyone - including doctors, nurses and police - to apologize for their errors without worrying about having their statements used against them in civil court, Orazietti said.

British Columbia, Saskatchewan and Manitoba have similar apology laws, as do 35 U.S. states. Those laws have been very helpful in bringing people together to resolve conflicts and in lowering costs by eliminating the need for some court fights, Orazietti said.

Orazietti said even though his law would apply to all Ontarians, it has special significance in health care, where professionals are generally advised not to apologize for medical errors because it could later be used in civil courts.

A recent study by the American Journal of Pharmaceutical Education found that 37 per cent of patients filing medical malpractice suits may not have done so if they'd been given an apology, he said.

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