Apology Act passes third reading at Queen’s Park
Ontario the latest Canadian province to adopt apology legislation
Friday March 13, 2009 -- Jason Thompson
Ontario took a step towards increasing transparency in healthcare this week by adopting legislation that would make it easier for healthcare workers and organizations to apologize in the event of an error.

First introduced in April 2008 by Sault Ste. Marie MPP David Orazietti as a private member’s bill, the Apology Act is part of a growing movement towards accountability and transparency in the Canadian healthcare system.

The act sets a legal framework giving healthcare providers the ability to apologize for an accident or wrongdoing without it being considered an admission of guilt in civil proceedings.

"The Apology Act would enhance the dispute resolution process by allowing all Ontarians to communicate genuine compassion, sorrow and regret without worrying that their comment could later be used in a civil court," Orazietti said during a press conference at Queen's Park when the Apology Act was first tabled.

The legislation is based on the idea that by apologizing, not only does it help jump-start the healing process by acknowledging to a patient that harm has been done to them, it promotes an atmosphere of accountability and open communication among patients and healthcare providers.

Proponents of the act, which include the Healthcare Insurance Reciprocal of Canada (HIROC), the Ontario Medical Association, the Registered Nurses Association of Ontario and the Canadian Patient Safety Institute, say the bill promotes the human element of healthcare.

"HIROC supports Mr. Orazietti’s initiative in bringing forth legislation that could positively assist healthcare organizations in resolving disputes earlier and more effectively when errors have been made,” says HIROC CEO Peter Flattery. "We encourage all parties in the legislature to give full consideration to the Apology Act."

According to the province the Apology Act would:

• Allow individuals and organizations, such as hospitals and other public institutions, to apologize for an accident or wrongdoing, without it being used as evidence of liability in a civil legal proceeding under provincial law
• Promote accountability, transparency and patient safety by allowing open and frank discussions between patients and health care providers
• Enhance the affordability and speed of the justice system by fostering the resolution of civil disputes and shortening or avoiding litigation

Click here for more information on the Apology Act.

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