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Negligence and Standards of Care » Apologies and Admissions

Guidelines and Policies

Apologies: A Practical Guide (2009)
NSW Ombudsman
Includes info re apologies and Civil Liability Act 2002

NSW Health Open Disclosure Initiative
§  Guidelines and Policy – To establish a standard approach for communication with patients and support person after an incident; ensure communication with and support for affected patients occurs in an empathetic manner; and ensure that Health Services have consistent processes for open disclosure.
Policy Directive – Open Disclosure
Guideline – Open Disclosure Guidelines
§  Factsheet
§  Training resources
(Videos, PowerPoint presentations, online learning modules)
§  Open Disclosure: A Review of the Literature (2008)
Australian Commission on Safety and Quality in Healthcare

Saying sorry: a guide to apologising and expressing regret during open disclosures Cth
Australian Commission on Safety and Quality in Health Care

Open Disclosure resources for clinicians and health care providers Cth
Australian Commission on Safety and Quality in Health Care
Resources, templates and guidelines

Legislation

Civil Liability Act 2002 Pt10 NSW
Expressions of sorrow, regret or sympathy (apologies) or reducing or waiving fees is not an admission of unprofessional conduct, liability, carelessness or incompetence.

Papers, Reports and Books

Open disclosure: morally right but is it legally safe?
Brown
Medico-Legal Society of NSW

Cases

Naylor v Preston Area Health Authority [1987] 2 All ER 353
A ‘duty of candour’ rests on health professionals and requires that the patient be informed of errors, especially in circumstances where a preventable injury will be made worse if further treatment is not provided.

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