MALPRACTICE APOLOGY ANNOTATED BIBLIOGRAPHY PAPER 1

Malpractice Apology Annotated Bibliography Paper

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MALPRACTICE APOLOGY ANNOTATED BIBLIOGRAPHY PAPER 2

Introduction

My place of practice is administration in the healthcare sector. The concept of

malpractice is related to conduct or activities that are not standard for that particular profession

or activity. It is a wrong act that is done by someone who is considered a professional in this

field. It can be a layperson, a professional, or even an expert. The definition of malpractice is an

illegal or unethical practice by a healthcare provider. Nurses are the healthcare providers

considered professionals in the medical field. They are the first responders who give the

necessary care to a patient. The rate or frequency of occurrence may be low because it is normal

for any person working in the medical field to commit an act that he knows is inappropriate.

However, some situations can create a malpractice case. The most common activities that result

in malpractice differ depending on the field of practice. Some examples of these activities are

giving the wrong diagnosis, giving the wrong treatment to a patient, harmful manipulation of a

patient, or using controlled substances. When it occurs in medicine, it has the most negative

impact on the patient and his health. The sources below explain the apology's role in medical

malpractice, the biblical considerations, and the lawsuit involved when medical malpractice

occurs.

Sources

1. Bookman, K., & Zane, R. D. (2020). Surviving a medical malpractice

lawsuit. Emergency Medicine Clinics, 38(2), 539–548.

This article is about one of the most essential and delicate subjects in medicine: medical

malpractice. It talks about what a lawsuit is and how it can be successful in lawsuits if they have

all the necessary records (injuries, admitting documents, operative notes) to make them win.
MALPRACTICE APOLOGY ANNOTATED BIBLIOGRAPHY PAPER 3

They also discuss the damages and how they help with the damages that can happen when a

doctor's negligence injures someone. Those damages can include pain, suffering, anguish, and

suffering and death (if it is of a great magnitude). All these damages are not only personal

damages to the victim but also emotional pain and suffering. The article describes what a lawsuit

is about. This consists of the plaintiff (one who takes the case) suing a defendant (one who is

being sued). The defendants may be any hospital where the patient was treated and doctors who

have done treatments or maybe just have done other kinds of practices in their health care. The

plaintiff will be seeking monetary damages and a new law, which is harder to understand

because it involves the law and being able to tell that the court case is likely to be successful. In

this article, they talk about winning a court case with enough evidence that they can win. They

also discuss how the defendant will answer, meaning whether they will accept responsibility.

2. Lyu, H. G., Cooper, M. A., Mayer-Blackwell, B., Jiam, N., Hechenbleikner, E. M.,

Wick, E. C., ... & Makary, M. A. (2017). Medical harm: patient perceptions and

follow-up actions. Journal of patient safety, 13(4), 199-201.

In this study, patients were asked whether their medical care harmed them. Harm

statements were categorized into three categories: "definitely," "probably," and "unlikely."

Participants responded definitively to at least one statement in 65% of cases and probably in

another 20%. While actual harms are more likely to be reported than probable harms, 75% of

potential harms remained unreported. Even when patients do not experience harm themselves,

they are often aware of other people harmed by their medical care. 64% of patients in this study

witnessed at least one probable harm performed on another person. Participants were also asked

what actions they took after experiencing or witnessing possible harm. Most patients who

experienced either definite or probable harm said they did not take action afterward. This is
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likely because most of the harms were not severe, and there were no clear repercussions for

reporting them to medical professionals. "In my mind, I didn't feel anyone was wrong, but I just

didn't know what to do," said a patient experiencing probable harm. "It wasn't black and white."

The results of this study show that patients are aware of those who have experienced harm and

are likely aware of the most probable harms, although they chose not to report them. More

studies are needed to research why patients do not report their experiences.

3. Mason, J. (2021). Confessional approach to disclosure of medical error. Christian

bioethics: Non-Ecumenical Studies in Medical Morality, 27(2), 203–222.

The article contends that doctors must take responsibility for their mistakes no matter

what time frame they occur to give patients and their families confidence in the medical

profession. Previous studies have shown that people are more likely to trust a doctor who shares

his mistakes over time. Self-disclosure is an effective way of instilling confidence in the medical

profession. Therefore, the article argues from an ethical and sociological perspective that doctors

must be open about their mistakes for patients and their families to feel confident in the practice

environment. Some moral philosophers have advocated the confessional approach, but it was

only applied recently in practice.

4. McMichael, B. J. (2018). The Failure of Sorry: An Empirical Evaluation of Apology

Laws, Health Care, and Medical Malpractice. Lewis & Clark L. Rev., p. 22, 1199.

This article focuses on the implications of apology laws in light of medical malpractice

and their impact on physicians' attitudes and behavior. These laws can dramatically affect a

physician's conduct during interactions with patients. Since the advent of apology laws, many

more cases have been settled in favor of physicians and hospitals for less money. While there is a
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self-defense strategy for enacting these laws, it does not appear that physicians genuinely benefit

from them.

5. Parker, J. C. (2019, June). Religion, authenticity, and clinical ethics consultation.

In HEC Forum (Vol. 31, No. 2, pp. 103–117). Springer Netherlands.

The author of this article argues that clinical ethics consultations (CECs) should be

conducted authentically and that clinical ethics committees are best advised to avoid attempting

to impose their ethical values on respondents when considering the impact of religious

affiliation, adherence, or observance on an individual's moral or clinical treatment decision. In

order to better understand the authenticity of CECs, this article provides examples from previous

studies and interviews with clinicians regarding how they determine what is in the best interests

of their patients.

6. Robertson, J. J., & Long, B. (2018). Suffering in silence: medical error and its

impact on health care providers. The Journal of emergency medicine, 54(4), 402–409.

This study is the first to estimate the prevalence of adverse events related to medical

errors among emergency medicine providers and patients. This article discusses how many

providers experience symptoms from mistakes made during their work days. The article will also

discuss these errors' impact on the providers and the people they treat. This study involved 135

providers from all levels of emergency medicine education and a total of 576 experiences of

adverse events. These data were compared to national data published by the Centers for Disease

Control and Prevention (CDC), which surveyed 7,031 providers, representing 10,004

experiences of adverse events among emergency medicine providers.

MALPRACTICE APOLOGY ANNOTATED BIBLIOGRAPHY PAPER 6

7. Rodziewicz, T. L., Houseman, B., & Hipskind, J. E. (2022). Medical error reduction

and prevention. In StatPearls [Internet]. StatPearls Publishing.

This article summarizes "Suffering in silence: medical error and its impact on health care

providers. The impact of medical errors is not limited to patients but also affects healthcare

providers. In this study, 1,000 providers were surveyed about their experiences with patient

mistakes. Medical errors were found to have detrimental effects on the experience of both

patients and practitioners. The most common type of patient error involved a misdiagnosis; an

unnecessary or delayed diagnosis was the second most prevalent mistake. Most errors were

observed by a provider and directly affected the patient. The quality of care may be significantly

compromised by medical errors as providers respond to requests for care using their knowledge,

skills, and experience. The authors suggest that health systems should create a culture that

encourages open communication between providers and patients. A culture of openness would

lead to a deeper understanding of the effects of mistakes, resulting in more constructive

approaches to evaluating and managing patient care problems.

8. Ross, N. E., & Newman, W. J. (2021). The role of apology laws in medical

malpractice. J Am Acad Psychiatry Law, 49(3), 406-414.

According to a study by Ross and Newman, many states have amnesty laws that protect

doctors who apologize for their mistake during a medical malpractice trial from being sued for

damages from the patients they have harmed. New laws are needed to protect doctors who would

apologize for the mistakes that happen in the clinic. If doctors do not apologize for their

mistakes, it will protect them from being sued for damages. In addition, there is a stigma that

goes with apologizing, and it is a negative thing in society, and not many people like to feel as if
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they have done something wrong or bad because of making a mistake. Each state is different and

has its amnesty laws that can protect doctors from being sued and keep the system intact.

Newman and Ross considered the presentation of evidence regarding apologies made by or to

patients. The current U.S. legal system considers a medical apology as an admission of liability,

which could influence the outcome of legal proceedings. This paper explains how current laws

may be influencing the way the medical apology is practiced in various states and suggests ways

that these laws might be changed to eliminate detrimental effects on apology and continue to

help patients understand that society values their voice during a trial process, even if they do not

recover financially.

Analysis

After reviewing the above articles related to malpractices in the healthcare sector and

more so in my area of specialty (administration), I have found out that malpractices are pretty

diverse. They range from corruption, medical errors, and lack of knowledge on some issues

related to the healthcare sector. It is an area of concern that local and global healthcare

institutions should focus on to ensure that patients do not suffer in the quest to get healthcare

services. Therefore, after this analysis, my research paper will be more skewed in the analysis of

medical malpractices, acknowledgment and apology, lawsuits concerning medical errors, and

provide several solutions on the topic of discussion.

MALPRACTICE APOLOGY ANNOTATED BIBLIOGRAPHY PAPER 8

References

Bookman, K., & Zane, R. D. (2020). Surviving a medical malpractice lawsuit. Emergency

Medicine Clinics, 38(2), 539–548.

Lyu, H. G., Cooper, M. A., Mayer-Blackwell, B., Jiam, N., Hechenbleikner, E. M., Wick, E.

C., ... & Makary, M. A. (2017). Medical harm: patient perceptions and follow-up

actions. Journal of patient safety, 13(4), 199-201.

Mason, J. (2021). Confessional approach to disclosure of medical error. Christian bioethics:

Non-Ecumenical Studies in Medical Morality, 27(2), 203–222.

McMichael, B. J. (2018). The Failure of Sorry: An Empirical Evaluation of Apology Laws,

Health Care, and Medical Malpractice. Lewis & Clark L. Rev., p. 22, 1199.

Parker, J. C. (2019, June). Religion, authenticity, and clinical ethics consultation. In HEC

Forum (Vol. 31, No. 2, pp. 103–117). Springer Netherlands.

Robertson, J. J., & Long, B. (2018). Suffering in silence: medical error and its impact on health

care providers. The Journal of emergency medicine, 54(4), 402–409.

Rodziewicz, T. L., Houseman, B., & Hipskind, J. E. (2022). Medical error reduction and

prevention. In StatPearls [Internet]. StatPearls Publishing.

Ross, N. E., & Newman, W. J. (2021). The role of apology laws in medical malpractice. J Am

Acad Psychiatry Law, 49(3), 406-414.