The Doctor Has Apologised. Will I Now Get Compensation for my Injuries? Myth and Reality in Apologies and Liability

Although in the Netherlands, like in many other jurisdictions, healthcare providers are expected to be open and honest to their patients and to apologise for any medical mistakes, in practice they are still not always completely open about mistakes that have been made. It is often assumed that healthcare providers’ liability insurers do not allow them to apologise, and indeed that making certain statements, such as offering apologies, can constitute an admission of liability. This assumption is one of the reasons why literature has suggested that it is sensible, from a legal perspective, to exercise caution when offering apologies. This paper argues that this suggestion is both socially undesirable and not substantiated in law.