This Article
Right arrow Full Text (PDF)
Right arrow Submit a response
Right arrow Alert me when this article is cited
Right arrow Alert me when eLetters are posted
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Similar articles in PubMed
Right arrow Alert me to new issues of the journal
Right arrow Download to citation manager
Citing Articles
Right arrow Citing Articles via Google Scholar
Google Scholar
Right arrow Articles by Aubrey, M. E.
Right arrow Search for Related Content
PubMed
Right arrow PubMed Citation
Right arrow Articles by Aubrey, M. E.
CMAJ • August 7, 2001; 165 (3)
© 2001 Canadian Medical Association or its licensors

Letters
Correspondance

The error of our ways

Michael E. Aubrey

Rheumatologist Newmarket, Ont.

A recent CMAJ article suggested that physicians should disclose errors in medical practice to patients.1 Notwithstanding the legal decisions discussed in the article, which suggest that the law expects physicians to disclose medical error, it is utter foolishness for a physician to openly state that he has made a significant mistake unless there is a dramatic change in how our society deals with such errors. The provincial colleges still prosecute physicians for making honest mistakes and the litigation climate in Canada is as bad as, or worse than, it ever has been.

Pragmatic considerations aside, there is a more fundamental reason why expecting or requiring physicians to reveal error is wrong. In a free country all individuals are guaranteed the right to be secure in their own person. The recognition of this right leads to the recognition of other rights, including the right of the individual not to incriminate himself and to be presumed innocent. If physicians are to be obliged to reveal error, they will be obliged to give up these rights, serving themselves up on a platter for immolation by the state through its regulatory agencies, such the colleges, or through civil and possibly criminal litigation. This would be a flagrant violation of a physician's right to the security of his person and cannot be supported.

Reference

  1. Hébert PC, Levin AV, Robertson G. Bioethics for clinicians: 23. Disclosure of medical error. CMAJ 2001;164(4):509-13.[Abstract/Free Full Text]




This Article
Right arrow Full Text (PDF)
Right arrow Submit a response
Right arrow Alert me when this article is cited
Right arrow Alert me when eLetters are posted
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Similar articles in PubMed
Right arrow Alert me to new issues of the journal
Right arrow Download to citation manager
Citing Articles
Right arrow Citing Articles via Google Scholar
Google Scholar
Right arrow Articles by Aubrey, M. E.
Right arrow Search for Related Content
PubMed
Right arrow PubMed Citation
Right arrow Articles by Aubrey, M. E.