Massachusetts Adopts ‘DA&O’ Approach for Med-Mal Cases

A newly enacted law in Massachusetts will adopt the “Disclosure, Apology, and Offer” approach to help resolve medical malpractice cases.

The healthcare cost control bill — signed into law by Gov. Deval Patrick on Aug. 6 — contains language that facilitates an approach of “Disclosure, Apology, and Offer” (DA&O).

Under this DA&O model, healthcare professionals, institutions and their insurers disclose to patients and families when unanticipated adverse outcomes occur; investigate and explain what happened; establish systems to prevent the recurrence of such incidents; and, where appropriate, apologize and offer fair financial compensation without the patient having to resort to legal action. (Statements of apology would be inadmissible in court.)

Changes include provisions for a six-month, pre-litigation “cooling-off” period to go through a DA&O process.

Patients still have the right to consult an attorney to advise them of their rights and to evaluate the fairness of any offer or to bring legal action if they so choose.