Policyholder Services

Will it jeopardize my coverage if I apologize to my patient for a bad outcome or medical error?

Appropriately expressing regret and sympathy for an unexpected outcome will not jeopardize your coverage, but it could affect your liability exposure depending upon your state’s laws. Admitting liability (i.e., stating that you’re legally or financially responsible for the outcome), on the other hand, is a direct breach of the Cooperation Clause in your policy (unless you have obtained OMIC’s prior written consent) and could result in the denial of coverage for a resulting claim. To protect your coverage and minimize your exposure to liability, we recommend that, if possible, before apologizing to the patient, you contact OMIC’s risk management specialists for confidential advice on the proper way to address the issue. For general recommendations regarding unexpected outcomes, please refer to Responding to Unanticipated Outcomes available on OMIC’s web site.

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