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Med-mal suits don't hinder error disclosure, studies find.

Publication: Trial
Publication Date: 01-NOV-06
Format: Online - approximately 850 words
Delivery: Immediate Online Access

Article Excerpt
Doctors aren't disclosing medical errors as readily as patients would like, but medical malpractice litigation isn't the reason, according to two studies published in the Archives of Internal Medicine--the first to compare U.S. and Canadian doctors.

In Canada, malpractice cases are heard by a judge, not a jury; punitive damages are rare; pain and suffering damages are capped; and the loser pays the winner's legal fees. Yet, Canadian physicians are no more likely than U.S. doctors to disclose a serious error to a patient, the studies found.

"The external malpractice environment doesn't have the impact on doctors' attitudes about disclosure that we thought it did," said Thomas Gallagher, an associate professor at the University of Washington School of Medicine and one of the studies' authors.

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