Abstract

http://ssrn.com/abstract=1912876
 
 

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How Medical Apology Programs Harm Patients


Gabriel H. Teninbaum


Suffolk University Law School

2011

Chapman Law Review, Vol. 15, p. 307, 2011
Suffolk University Law School Research Paper No. 11-30

Abstract:     
When an attorney suspects that he has committed legal malpractice, he must disclose it to the client and recommend that the client seek outside counsel to get objective legal advice on how to proceed. By contrast, when a doctor suspects that he has committed medical malpractice, at many facilities he is expected to employ a set of protocols that discourage the injured patient from considering the need for compensation. Yet, while an attorney could be disbarred for this sort of behavior, medical apology programs widely receive praise.

This Article argues that it is time to reconsider medical apology programs and the methods by which they operate. To do so, the Article explains the history of medical apology programs, how they work and how their design subverts the goals of fully compensating patients under the principles of tort law. The Article then suggests straightforward, effective cures for the misuse of medical apology programs.

Number of Pages in PDF File: 37

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Date posted: August 21, 2011 ; Last revised: November 7, 2011

Suggested Citation

Teninbaum, Gabriel H., How Medical Apology Programs Harm Patients (2011). Chapman Law Review, Vol. 15, p. 307, 2011; Suffolk University Law School Research Paper No. 11-30. Available at SSRN: http://ssrn.com/abstract=1912876

Contact Information

Gabriel H. Teninbaum (Contact Author)
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States

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