Disclosure, Apology and Offer

Disclosure, Apology and Offer is organized by Massachusetts Medical Society (MMS).

Original Release Date: March 4, 2021
Termination Date: March 4, 2024

Intended Audience:
health care leaders, physicians, residents, other health care professionals and students in all health care professions.

Course Overview
When a patient files a claim against a physician, the toll it can take on a physician and their practice is profound.  On average, it takes about five and a half years for a medical malpractice case to come to a complete resolution in Massachusetts.  In 2012, Governor Deval Patrick signed into law groundbreaking legislation that implemented a brand new proactive model of disclosure, apology and offer (“DA&O”) (Massachusetts General Laws Chapter 233 §79L) and a “cooling off” period before a patient can file a claim (Massachusetts General Laws Chapter 231 §60L).  This course  discusses how the inclusion of the DA&O provision was meant to strip away the long standing “deny and defend” culture, and encourage honesty and transparency between health care providers and patients.

Course Objectives:
• Examine the requirements of health care providers under the Disclosure, Apology & Offer law in Massachusetts
• Recall the exceptions under Massachusetts General Law c. 233 §79L.
• Explain the protections for healthcare providers under the Disclosure, Apology and Offer law in Massachusetts.
• Describe the purpose of the Act Improving the Quality of Health Care and Reducing Costs through Increased Transparency, Efficiency and Innovation.