TY - JOUR
T1 - Impact of apology laws on medical malpractice
T2 - an empirical review and implications for Taiwan
AU - Lin, Shin Rou
N1 - Publisher Copyright:
© 2024, Taiwan Public Health Association. All rights reserved.
PY - 2024/4
Y1 - 2024/4
N2 - 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.
AB - 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.
KW - apology law
KW - medical error
KW - medical malpractice
UR - http://www.scopus.com/inward/record.url?scp=85196810542&partnerID=8YFLogxK
U2 - 10.6288/TJPH.202404_43(2).112127
DO - 10.6288/TJPH.202404_43(2).112127
M3 - 文章
AN - SCOPUS:85196810542
SN - 1023-2141
VL - 43
SP - 121
EP - 132
JO - Taiwan Journal of Public Health
JF - Taiwan Journal of Public Health
IS - 2
ER -