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Medical Defence Union Encourages Doctors To Say Sorry If Things Go Wrong, UK

The Medical Defence Union (MDU) the UK"s largest medical defence organisation has reassured doctors that they are not admitting liability if they apologise when something has gone wrong with their treatment of a patient. Dr Christine Tomkins, MDU Chief Executive said: "For over 50 years we have advised our members to apologise if something goes wrong. Patients should receive a prompt, open sympathetic and honest account of what has happened. Any patient who has had the misfortune to suffer through an error of whatever nature should receive a full explanation and a genuine apology. "There are no legal concerns about taking this course of action. In fact it is now enshrined in law in Section 2 of the The Compensation Act 2006 which says "an apology, offer of treatment or other redress, shall not of itself amount to an admission of negligence or breach of statutory duty". In the MDU"s experience, an explanation and apology at an early stage can help reduce the risk of a complaint and is often all that a patient or a relative wants to hear." The MDU endorses Apologies and Explanations, guidance from the National Health Service Litigation Authority (NHSLA) which was circulated to Chief Executives and Finance Directors at all NHS bodies today by NHSLA Chief Executive, Stephen Walker*. The guidance emphasises that an apology is "natural and desirable" where there has been an adverse outcome and that an explanation can help patients and their families in these circumstances. Dr Tomkins added: "It is occasionally suggested that medical defence organisations actively discourage our members from saying sorry. This is a myth and we welcome another opportunity to set the record straight. Doctors have an ethical obligation to offer an apology and an explanation if something has gone wrong and there is no legal reason not to do so." Medical Defence Union


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