Rather than telling patients they will "see them in court", some doctors are admitting mistakes and telling patients they are sorry. From an ethics point of view, this is of course the right thing to do. From a negotiation strategy perspective, this open honesty can go a long way to developing rapport with the other side and getting cases settled for reasonable dollar amounts.

In 34 states, evidence of apologies for medical errors is inadmissible. Doctors who are completely candid, honest and frank may in fact help their malpractice cases be settled for less than those doctors who avoid responsibility with denials and legal shields.

Recent studies have found that one of every 100 hospital patients suffer negligent treatment, and that as many as 98,000 die each year as a result. The study also showed that fewer than 30 percent of medical errors are disclosed to patients.

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