DeFrancisco & Falgiatano Law Firm
Call now for a Free consultation

If you ever wondered why doctors don't criticize each other

New York is one of a few states that has yet to pass a law that will enable doctors to apologize to patients when procedures go wrong without fear of reprisal in the form of a medical malpractice suit. In the past, many doctors would not say anything or register any form of regret out of fear that it would be construed as an admission of guilt.

Even with this new landscape, the question of whether doctors should disclose each other’s mistakes remains a touchy subject. After all, doctors have enjoyed a long-established culture where they do not comment on each other’s mistakes. 

This is likely because peer review is not a part of the culture engendered among physicians, especially high level surgeons. Instead, criticism may be taken as a personal and a professional affront. Also, newer doctors are more likely to be reluctant to criticize a senior colleague out of respect (or fear). Moreover, busy doctors may not notice mistakes or believe that they do not have the time (or the responsibility) to air their concerns about their colleagues’ mistakes.

Because of this, medical errors may go unreported.

As medical malpractice attorneys, we find this culture interesting and troubling. On the one hand, it is a reasonable expectation that doctors would take the time to address problems that could put a patient’s life in jeopardy, regardless of who is treating them. Also, it is commonplace to have another doctor’s opinion as to whether the offending physician acted reasonably. Without a consistent system of accountability, doctors and the hospitals they work for could be subject to medical malpractice charges.  

No Comments

Leave a comment
Comment Information

Honors & Accreditations

Free Case Evaluation Form You will receive a prompt response to your evaluation.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy



East Syracuse Office
6739 Myers Road
East Syracuse, NY 13057

East Syracuse Law Office Map

Oneida Office
312 Broad Street
Oneida, NY 13421

Oneida Law Office Map

Watertown Office
119 Sherman Street
Watertown, NY 13601

Watertown Law Office Map

New Hartford Office
23 Oxford Road
New Hartford, NY 13413

New Hartford Law Office Map

Oswego Office
92 W. 6th Street
Oswego, NY 13126

Oswego Law Office Map

Cortland Office
26 Court Street
Cortland, NY 13045

Cortland Law Office Map

Rochester Office
510 Clinton Square
Rochester, NY 14604

Rochester Law Office Map

Phone: 315-479-9000
Fax: 315-479-9300
Back To Top