Apologising for clinical mistakes

"Comment from Janet Sayers, Head of Healthcare at Kennedys' solicitors:

I would like to discuss the important issue of apologising for clinical mistakes.

It never hurts to say sorry:

“If only they'd said sorry at the start, I wouldn't have gone down the compensation route”. Many cynics may question the honesty of such a phrase but it is amazing just how powerful the word “sorry” can be. Even if apologising to a patient after an incident has occurred fails to stop them embarking on litigation, it will often put parties on far better terms when trying to resolve issues down the line.

When an adverse incident occurs, it is invariably the case that something has gone wrong. That is not to say that it was anyone's fault though. A person may undergo surgery and suffer a wound infection despite all precautions being taken to avoid that. It may seem heartless for the surgeon, having found out, not to speak to the patient and say, “I am sorry you have suffered an infection, I wish you a speedy recovery”.

It may also seem cold, having seen a negative Serious Untoward Incident Report, for a Chief Executive not to write to a patient on behalf of the Trust and say “I am sorry you have suffered in this way”.

The Compensation Act 2006 says “An apology, an offer of treatment or other redress, shall not of itself amount to an admission of negligence or breach of statutory duty”. NHS Litigation Authority are also clear in their encouragement of Trusts communicating early apologies to patients when things have gone wrong.

Obviously such a Letter of Apology should be worded carefully to ensure no unintended admissions of negligence are made. If you would like any advice or assistance in writing apologies, please do not hesitate to contact me or one of the other members of my healthcare team at Kennedys."