DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Medical errors, apologies and apology laws

Posted on January 5, 2009October 24, 2024 by Dissent

Noni MacDonald, MD MSc and Amir Attaran, LLB DPhi have an editorial in the current issue of the Canadian Medical Association Journal that addresses the need for apologies when a medical error occurs.

The article describes the history of such laws in the U.S. in the 1990’s:

[…]

Full disclosure to the patient is the ethically and professionally responsible course of action. It is also vital for improvement of patient safety and quality of care. By not disclosing adverse events, the physician fails the patient in terms of honesty, openness and respect. Furthermore, nondisclosure may put the patient at risk for future harms because he or she does not know what happened. Disclosure provides the patient with potentially vital information for making future health care choices and decisions. Candour about errors among colleagues is also critical for professional learning, patient safety improvements and public trust in the health care system.

Offering an apology with disclosure is an important component of addressing medical errors. An apology includes an acknowledgement of the event and one’s role in the event, as well as a genuine expression of regret for the patient’s predicament. An apology can have profound healing effects for all parties. For the physician, an apology can help diminish feelings of guilt and shame. For the patient, it can facilitate forgiveness and provide the basis for reconciliation.

To address the competing demands between the ethical and safety imperatives of disclosure and apology and the strong instinct to remain silent for fear of inciting malpractice action, apology laws were designed to reduce concerns about legal implications of disclosure and apology. They emerged in the United States in the 1990s as part of efforts to enhance medical error reporting and patient safety.

[…]

I agree with the article, but it made me wonder yet again: why doesn’t this very same philosophy apply to data breaches? Why wasn’t HIPAA amended to include duty to notify or disclose a breach? Certainly the same arguments apply here on some level:

Full disclosure to the patient is the ethically and professionally responsible course of action. It is also vital for improvement of patient safety and quality of care. By not disclosing adverse events, the physician fails the patient in terms of honesty, openness and respect. Furthermore, nondisclosure may put the patient at risk for future harms because he or she does not know what happened.

Think about it.

Category: Health Data

Post navigation

← FL: Video surveillance in a hospital room here was not under a reasonable expectation of privacy
Twitter Gets Hacked, Badly →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Mysterious leaker GangExposed outs Conti kingpins in massive ransomware data dump
  • Resource: HoganLovells Asia-Pacific Data, Privacy and Cybersecurity Guide 2025
  • Class action settlement following ransomware attack will cost Fred Hutchinson Cancer Center about $52 million
  • Comstar LLC agrees to corrective action plan and fine to settle HHS OCR charges
  • Australian ransomware victims now must tell the government if they pay up
  • U.S. Sanctions Cloud Provider ‘Funnull’ as Top Source of ‘Pig Butchering’ Scams
  • Victoria’s Secret takes down website after security incident
  • U.S. Government Employee Arrested for Attempting to Provide Classified Information to Foreign Government
  • St. Cloud Provides Update on Ransomware Attack in 2024
  • Bradford Health Systems detected abnormal network activity in December 2023. They first sent out breach notices this week.

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Resource: HoganLovells Asia-Pacific Data, Privacy and Cybersecurity Guide 2025
  • She Got an Abortion. So A Texas Cop Used 83,000 Cameras to Track Her Down.
  • Why AI May Be Listening In on Your Next Doctor’s Appointment
  • Watch out for activist judges trying to deprive us of our rights to safe reproductive healthcare
  • Nebraska Bans Minor Social Media Accounts Without Parental Consent
  • Trump Taps Palantir to Compile Data on Americans
  • The US Is Storing Migrant Children’s DNA in a Criminal Database

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.