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Emerging Med-Mal Strategy: ‘I’m Sorry’

Doctors’ apologies for medical mistakes may not be a cure-all for litigation, but explaining unforeseen outcomes and making early settlement offers have proven effective, say lawyers who have participated in the process in the last decade. It’s called “full disclosure/early offer,” and it’s spreading. The U.S. Department of Veterans Affairs’ Veterans Health Administration and a number of hospitals and insurers across the nation have adopted variations of the policy. And several states may soon follow.