Backgrounder #2

Introduction Of The Apology Act

October 7, 2008

WHAT PEOPLE ARE SAYING

“Recent studies show that physicians and nurses want to apologize when an error is made, but worry that an expression of regret, an apology, might be construed by the patient and the family as an admission of legal liability; andthis is in fact, not necessarily the case,” said Phil Hassen, CEO of the Canadian Patient Safety Institute.  “The proposed Apology Act, consistent with our Canadian Disclosure Guidelines, released earlier this year, aims to increase transparent and open communication among health care professionals, patients and the public, and is an important and consistent step forward for the people of Ontario.  What we’re seeing is a cultural shift, which recognizes that offering a sincere apology or expression of regret is simply the right thing to do.  It is a sign of caring, compassion and empathy — not blame or guilt.”

“We are very supportive of this legislation,” said Doris Grinspun, Executive Director of the Registered Nurses’ Association of Ontario.  “As nurses, we know that an apology can be central to the healing process and, in health care, essential to promoting accountability and open communication.”

“Ontario’s hospitals support this legislation because it encourages natural, open and direct dialogue after injuries or adverse events, and allows people to engage in the moral and humane act of apologizing,” said Tom Closson, President and CEO of the Ontario Hospital Association.

“Ontario doctors support the concept of apology legislation and look forward to reviewing it,” said Dr. Ken Arnold, President of the Ontario Medical Association. “We believe it will enhance the ability of doctors and nurses to focus on patient needs during difficult times.” 

“Apology legislation would help to foster better communication and more compassionate relations between potential litigants,” said Jamie Trimble, President of the Ontario Bar Association.  “An apology should not be something that can be used in a lawsuit later on to establish the liability of another party, nor should it be able to be used by one party to prevent the ability of another to seek justice.”

Contacts

Sheamus Murphy,
Ministry of the Attorney General
Minister's Office, 416-326-1785

Brendan Crawley,
Ministry of the Attorney General
Communications Branch, 416-326-2210

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