Impact of apology laws on medical malpractice: an empirical review and implications for Taiwan

Shin Rou Lin*

*Corresponding author for this work

Research output: Contribution to journalJournal Article peer-review

Abstract

Objectives: Over the last two decades, apology laws have emerged as a crucial strategy for reducing medical malpractice liabilities. However, the effectiveness of these laws is unclear. This study investigated the effect of apology laws on medical malpractice by conducting a systematic literature review, providing insights into Taiwan’s Medical Accident Prevention and Dispute Resolution Act. Methods: A search for relevant articles in the PubMed database was conducted. Articles lacking abstracts or not written in English were excluded. Eight studies that met the inclusion criteria were identified. The reference lists of these eight articles were checked, and six additional eligible studies were identified. Results: We included 14 studies in the analysis. All the studies were conducted in the United States. The studies revealed that apology laws have a negligible effect on reducing medical malpractice liabilities. However, communication and resolution programs implemented at institutional levels do effectively reduce litigation frequency and costs and expedite dispute resolution. Organizations with successful outcomes typically exhibit strong leadership, support from liability insurers, physicians, and quality and risk personnel, dedicated management by skilled professionals, and proactive reimbursement. Conclusions: Taiwan currently lacks an ethical consensus regarding the disclosure of medical errors. Institutional-level policies and horizontal organizational relationships are not well-defined, and a mechanism for compensation is absent. The effectiveness of apology laws necessitates continuous monitoring and discussion.

Original languageEnglish
Pages (from-to)121-132
Number of pages12
Journal Taiwan Journal of Public Health
Volume43
Issue number2
DOIs
StatePublished - 04 2024

Bibliographical note

Publisher Copyright:
© 2024, Taiwan Public Health Association. All rights reserved.

Keywords

  • apology law
  • medical error
  • medical malpractice

Fingerprint

Dive into the research topics of 'Impact of apology laws on medical malpractice: an empirical review and implications for Taiwan'. Together they form a unique fingerprint.

Cite this