Medical Negligence Litigation and Apologies: An Empirical Examination

Research has evidenced the various aims of patient-plaintiffs and/or their families in medical negligence litigation, with emphasis frequently placed on the importance of an apology. Drawing on the findings of an empirical study conducted in Ireland, this article contributes to the discourse on apologies in medical negligence disputes. In particular, with reference to the findings of the research and the literature, it discusses components of apologies deemed to be important by patient-plaintiffs and/or their families. The article concludes by arguing that legislative protection for apologies in isolation will not necessarily increase the use or effectiveness of apologies in medical negligence disputes, and a combination of measures is required.