Analysis of barriers and legal-ethical opportunities for disclosure and apology for medical errors in Spain

Priscila Giraldo; Josep Corbella; Carmen Rodrigo; Mercè Comas; Maria Sala; Xavier Castells

doi:10.1016/j.gaceta.2015.11.007

Analysis of barriers and legal-ethical opportunities for disclosure and apology for medical errors in Spain

Priscila Giraldo, Josep Corbella, Carmen Rodrigo, Mercè Comas, Maria Sala, Xavier Castells

Department of Paediatrics, Obstetrics and Gynaecology and Preventive Medicine and Public Health

Research output: Contribution to journal › Article › Research › peer-review

3 Citations (Scopus)

Abstract

© 2015 SESPAS. Objective: To identify opportunities for disclosing information on medical errors in Spain and issuing an apology, as well as legal-ethical barriers. Method: A cross-sectional study was conducted through a questionnaire sent to health law and bioethics experts (n = 46). Results: A total of 39 experts (84.7%) responded that health providers should always disclose adverse events and 38 experts (82.6%) were in favour of issuing an apology. Thirty experts (65.2%) reported that disclosure of errors would not lead to professional liability. The main opportunity for increasing disclosure was by enhancing trust in the physician-patient relationship and the main barrier was fear of the outcomes of disclosing medical errors. Conclusions: There is a broad agreement on the lack of liability following disclosure/apology on adverse events and the need to develop a strategy for disclosure among support for physicians.

Original language	English
Pages (from-to)	117-120
Journal	Gaceta Sanitaria
Volume	30
Issue number	2
DOIs	https://doi.org/10.1016/j.gaceta.2015.11.007
Publication status	Published - 1 Mar 2016

Keywords

Apology
Disclosure
Ethics
Legal
Medical error

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AU - Sala, Maria

AU - Castells, Xavier

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AB - © 2015 SESPAS. Objective: To identify opportunities for disclosing information on medical errors in Spain and issuing an apology, as well as legal-ethical barriers. Method: A cross-sectional study was conducted through a questionnaire sent to health law and bioethics experts (n = 46). Results: A total of 39 experts (84.7%) responded that health providers should always disclose adverse events and 38 experts (82.6%) were in favour of issuing an apology. Thirty experts (65.2%) reported that disclosure of errors would not lead to professional liability. The main opportunity for increasing disclosure was by enhancing trust in the physician-patient relationship and the main barrier was fear of the outcomes of disclosing medical errors. Conclusions: There is a broad agreement on the lack of liability following disclosure/apology on adverse events and the need to develop a strategy for disclosure among support for physicians.

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