Nondisclosure clauses may facilitate unsafe medical practices

Nondisclosure provisions in medical malpractice claims often have restrictions that go beyond simply protecting physicians and hospitals, according to a recently published study in JAMA Internal Medicine. “An academic health system with a declared commitment to patient safety and transparency used nondisclosure clauses in most malpractice settlement agreements but with little standardization or consistency. The scope of nondisclosure was often broader than seemed needed to protect physicians and hospitals from disparagement by the plaintiff or to avoid publicizing settlement amounts that might attract other claimants. The agreements selectively bind patients and patients’ representatives, making them hard to justify on privacy grounds,” the researchers wrote.