For Immediate Release
Date: April 15, 2008
MPP ADVOCATES FOR IMPROVED CIVIL DISPUTE RESOLUTION
Sault Ste. Marie MPP David Orazietti’s Bill Would Make Apologies Inadmissible in Civil Court
Queen’s Park – Today in the Ontario Legislature Sault Ste. Marie MPP David Orazietti introduced a Bill that would allow an individual or organization to offer an apology as part of the dispute resolution process without concern over legal liability. The Apology Act provides that an apology made in relation to a civil matter does not constitute an admission of fault or liability and would not be admissible in a civil proceeding.
"The Apology Act would enhance the dispute resolution process by allowing all Ontarians to communicate genuine compassion, sorrow and regret for a mistake without worrying that it could later be used against them in civil court," said Sault Ste. Marie MPP David Orazietti. "Other jurisdictions that have implemented this type of legislation have seen a reduction of pressure on their civil courts as well as reduced costs to public institutions, such as hospitals."
Currently, many professionals are advised by legal council and insurance companies not to apologize in cases of alleged wrongdoing out of concern that it could later be used in court as evidence of liability. Studies have shown, however, that an apology can aid in resolving a dispute. The America Bar Association Journal cites that 30% of all plaintiffs would not have sued had an apology been given.
“The Ontario Bar Association (OBA) supports Apology Act legislation and has advised the Attorney General of their desire to see such legislation pass the House,” Greg Goulin, President of the Ontario Bar Association.
While this act would apply to all Ontarians, it has particular significance to the healthcare community, which has traditionally been advised not to apologize in the case of medical error due to concerns over legal liability. A study cited in the American Journal of Pharmaceutical Education states that 37% of patients filing medical malpractice suits may not have done so had an apology been given. Removing the threat of litigation from an apology will help improve communication between doctors and patients, resulting in patients being better informed and allowing doctors to worry less about legal issues and focus on their patient’s health.
“An Apology Act is an important step forward for the people of Ontario and it is consistent with our recently released Canadian Disclosure Guidelines, which aim to increase honest and open communication among health care professionals, patients and the public,” said Philip Hassen, CEO of the Canadian Patient Safety Institute. “The proposed Apology Act and the Guidelines are proof of a cultural shift underway in society recognizing that offering a sincere apology or expression of regret is simply the right thing to do in often very difficult and emotional circumstances. It is a sign of caring, compassion and empathy – not blame or guilt.”
"Ontario doctors support apology legislation because it will enable health-care professionals to focus on patient needs during difficult times,” said Dr. Janice Willett, President of the Ontario Medical Association. “This will put Ontario in line with other provinces and enhance the ability of doctors and nurses to communicate with their patients.”
Many U.S. hospitals have implemented a policy of apologizing to their patients, and results have been overwhelmingly positive. In 2002 the hospitals in the University of Michigan’s Health System began to encourage doctors to apologize for mistakes. Since then, malpractice lawsuits and notices of intent to sue have fallen from 262 filed in 2001 to an average of 130 per year, and annual attorney fees have dropped from $3 million to $1 million. Ontario hospitals are hoping to see similar effects from this legislation.
“The OHA welcomes the introduction of the Apology Act, 2008, and sees it as a critical next step in furthering disclosure initiatives to improve patient safety in Ontario,” said Tom Closson, President and CEO of the Ontario Hospital Association. “This legislation will help to ensure that apologies, along with open and frank discussion between patients and their health care providers, are an important part of the care experience at our province’s hospitals. This is good news for the people of Ontario.”
Similar legislation has been adopted in other Canadian jurisdictions. British Columbia passed a comprehensive Apology Act in 2006, Saskatchewan amended its Evidence Act to include apology legislation in May of 2007, and Manitoba adopted a bill similar to British Columbia’s in November of 2007. In 2007, the Uniform Law Conference of Canada passed a resolution recommending all provinces adopt apology legislation either as an amendment to the Evidence Code or as a stand alone act. As well, thirty five US states have some form of apology legislation.
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Apology Act Backgrounder
Similar Legislation in Other Jurisdictions:
Canadian Legislation: Three provinces have already passed similar legislation
• British Columbia was the first province to pass apology legislation on
May 18, 2006 (Bill 16)
• Saskatchewan introduced apology legislation as an amendment to its
Evidence Act on May 17, 2007 (Chapter 24)
• Manitoba passed The Apology Act (Bill 202) on November 8, 2007
• The Yukon Legislative Assembly is presently considering an Apology Act
similar to BC and Manitoba’s
American Legislation: Thirty-five U.S. states have some form of apology legislation
• Comprehensive: Massachusetts, Texas, California, Florida, Washington,
Tennessee, Hawaii, Missouri, Indiana
• Limited to Healthcare: Colorado, Vermont, Iowa, Nebraska, North
Dakota, Oregon, Ohio, Georgia, Wyoming, North Carolina, Maine, South
Dakota, West Virginia, Arizona, Louisiana, Virginia, Montana, South
Carolina, Delaware, Idaho, Oklahoma, Maryland, New Hampshire,
Connecticut, Illinois, Utah
The Impact of Apologies:
Missouri Medical Law Report, 2005
Since 2002, the hospitals in the University of Michigan’s Health System have been encouraging doctors to apologize for mistakes. Malpractice lawsuits and notices of intent to sue have fallen from 262 filed in 2001 to about 130 a year and their annual attorney fees have since dropped to one-third, from $3 million to $1 million.
Physicians News Digest, 2005
After adopting a program of disclosure and compensation, the Veterans Administration Hospital in Lexington, KY saw the average malpractice award drop from $98,150 to $15,622, less than 10% of malpractice claims were filed in court and most of these were dismissed before trial
American Bar Association Journal, 1999
30% of all plaintiffs claim they would not have sued if only there had been an apology
American Journal of Pharmaceutical Education, 2003
37% of patients and family members bringing suit may not have done so had there been a full explanation and an apology, factors more significant than monetary compensation.
Archives of Internal Medicine, 1996
In situations when moderate medical errors occurred, only 17% of patients would sue if the physician informed the patient of the error. If the physician did not inform them, however, 29% of patients would sue if they later learned of the error
Discussion Paper on Apology Legislation, 2006
Ministry of the Attorney General, British Columbia
“When we act in a way which results in harm to another, an apology is seen to be an appropriate ethical response. It is also recognized that an apology can have a therapeutic impact on the person injured; facilitating the healing process and the process of reconciliation and closure. Anecdotal evidence from those involved in dispute resolution and litigation is clear that an apology can go a long way toward resolving a dispute. In fact, mediators report that, for many plaintiffs, a sincere apology is the most valuable part of a settlement.”
Supportive Comments:
Phil Hassen, CEO of the Canadian Patient Safety Institute - Former Ontario Deputy Minister of Health and Long-Term Care
“An Apology Act is an important step forward for the people of Ontario and it is consistent with our recently released Canadian Disclosure Guidelines, which aim to increase honest and open communication among health care professionals, patients and the public,” said Philip Hassen, CEO of the Canadian Patient Safety Institute. “The proposed Apology Act and the Guidelines are proof of a cultural shift underway in society recognizing that offering a sincere apology or expression of regret is simply the right thing to do in often very difficult and emotional circumstances. It is a sign of caring, compassion and empathy – not blame or guilt.”
Dr. Janice Willet, President of the Ontario Medical Association
"Ontario doctors support apology legislation because it will enable health-care professionals to focus on patient needs during difficult times,” said Dr. Janice Willett, President of the Ontario Medical Association. “This will put Ontario in line with other provinces and enhance the ability of doctors and nurses to communicate with their patients.”
Tom Closson, President and CEO of the Ontario Hospital Association
“The OHA welcomes the introduction of the Apology Act, 2008, and sees it as a critical next step in furthering disclosure initiatives to improve patient safety in Ontario,” said Tom Closson, President and CEO of the Ontario Hospital Association. “This legislation will help to ensure that apologies, along with open and frank discussion between patients and their health care providers, are an important part of the care experience at our province’s hospitals. This is good news for the people of Ontario.”
Wendy Fucile, President of the Registered Nurses Association of Ontario
"Apology legislation is a critical and necessary step in enhancing communication between all health professionals, including nurses, and patients, and it allows nurses to continue to focus on providing world-class care to Ontarians" said RNAO's newly installed President Wendy Fucile.
Doris Grinspun, Executive Director of the Registered Nurses Association of Ontario
"The RNAO applauds Mr. Orazietti's efforts to bring the Apology Act forward and encourages all parties to support this legislation" adds the Associations' Executive Director, Doris Grinspun.
Dr. Preston Zuliani, President of the College of Physicians and Surgeons of Ontario
“The College appreciates and supports the objectives and sentiment behind this legislation – it is consistent with our Disclosure of Harm policy which supports disclosure of harm to patients.” Dr. Preston Zuliani, President of the College of Physicians and Surgeons of Ontario
Peter Flattery, CEO of the Healthcare Insurance Reciprocal of Canada
"HIROC supports Mr. Orazietti’s initiative in bringing forth legislation that could positively assist healthcare organizations in resolving disputes earlier and more effectively when errors have been made,” said Peter Flattery, CEO, Healthcare Insurance Reciprocal of Canada (HIROC). "We encourage all parties in the legislature to give full consideration to the Apology Act."
Greg Goulin, President of the Ontario Bar Association
“The Ontario Bar Association (OBA) supports Apology Act legislation and has advised the Attorney General of their desire to see such legislation pass the House.” Greg Goulin, President of the Ontario Bar Association
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