Should fear of litigation prevent medical practitioners being open with patients about mistakes?

摘要

The Bristol Royal Infirmary Inquiry concluded thatrnfear of litigation was one of the factors preventingrnopenness in the medical profession and recommendedrnthat clinical negligence litigation be abolished.rnThere may be other reasons for questioningrnwhether reform or abolition of clinical negligence lit-rnigation is desirable. It would also be appropriate tornconsider whether abolition of litigation would in factrnlead to a new climate of openness. However, I wouldrnlike to focus on the apparent relationship between thernthreat of litigation and the lack of openness aboutrnmistakes, not least because as a lawyer acting forrnpatients, I would be concerned if I believed that whatrnI do is detrimental to the health service as a whole.