Mastering the Art of Saying Sorry: A Veterinarian's Guide to Apologies Under Hong Kong Law – Part 1

Making an apology in the veterinary profession can be a delicate matter, especially when dealing with emotional pet owners and the potential for legal complications. In Hong Kong, the Apologies Ordinance (Cap. 631), enacted in 2017, provides a legal framework designed to encourage the making of apologies by protecting them from being used in most civil proceedings. In other words, it allows individuals and organizations to offer apologies for mistakes or adverse outcomes without worrying that their words will automatically be used as evidence of liability in legal proceedings. The purpose of the Ordinance is to foster open communication, resolve disputes more effectively, and promote reconciliation without fear of legal repercussions.

However, despite these legal safeguards, veterinarians must still navigate the process of apologizing carefully and ethically. Here’s a guide to the dos and don’ts of making apologies, specifically tailored for veterinarians.

Dos of Making an Apology

1. Understand the Situation Before Apologizing
   Before apologizing, take the time to assess the situation thoroughly. Not all adverse outcomes are caused by negligence or misconduct. Some, like adverse drug reactions or surgical complications, may fall into categories such as mere adverse outcomes, oversights, or medical errors, which are not the veterinarian’s fault. Apologizing prematurely in such cases might imply liability when none exists.
   
   • Example: A dog undergoing surgery to remove a tumor develops an unexpected infection post-operation despite adherence to proper sterilization protocols. This would be classified as a mere adverse outcome. In this situation, you can express empathy for the pet’s condition but avoid apologizing unnecessarily, as the complication was not due to negligence.
2. Be Honest and Transparent
   Pet owners value honesty, especially when something goes wrong. Being upfront about what happened, how you intend to resolve the issue, and what steps you will take to prevent recurrence can preserve trust. Transparency does not mean admitting fault unnecessarily; it means providing a clear and factual explanation.
   
   • Example: A cat's dental extraction leads to unexpected bleeding that requires additional treatment. After stabilizing the cat, explain what happened, why it may have occurred, and reassure the owner that such complications, while rare, can happen. Your honesty will likely build trust and confidence in your care.
3. Focus on Empathy
   Even when you are not at fault, showing empathy can go a long way in diffusing emotions. Pet owners are often upset because they believe their beloved animal is suffering or because they are struggling with feelings of helplessness. Acknowledging their emotions without necessarily admitting fault demonstrates compassion and professionalism.
   
   • Example: A pet rabbit unexpectedly passes away during anesthesia for a routine spay procedure. While this may fall under a medical error, expressing empathy by saying, “I am deeply sorry for your loss, and I understand how devastating this is for you” helps to humanize the situation without implying negligence. The Ordinance protects statements like "I am deeply sorry for your loss" or "I regret that this happened," enabling veterinarians to acknowledge emotional distress while maintaining their legal and professional integrity.
4. Seek Professional Advice
   When you are unsure about how to handle a situation or whether to apologize, it is always wise to consult legal or professional advisors. They can provide guidance on how to communicate effectively while minimizing potential legal risks.
   
   • Example: After accidentally administering the wrong dosage of medication to a dog, inform the pet owner right away, explain the situation honestly, and take steps to rectify the issue (e.g., monitoring the dog closely or providing treatment to counteract any adverse effects). If you are unsure of the best course of action, consult a senior colleague or specialist for guidance. At the same time, contact your lawyer or liability insurer to discuss how to communicate effectively with the owner while safeguarding your legal position.
5. Keep Communication Open
   Owners often feel frustrated when they believe their concerns are being ignored or dismissed. Keeping the lines of communication open and addressing their worries promptly can prevent situations from escalating. An apology may not be enough; you also need to actively listen and provide solutions.
   
   • Example: A pet owner is upset after their dog develops a limp following a vaccination. Instead of dismissing their concerns by saying, “It is probably just a mild reaction,” take their worries seriously. Explain the potential side effects of the vaccine and offer a follow-up examination to ensure the issue resolves.
6. Document Everything
   Proper documentation should begin during the procedure itself, not just after complications occur. It is essential to record every step of the surgery, including pre-operative preparations, surgical swab counts (before, during, and after surgery), communication with surgical assistants, and any clinical data obtained during the procedure. This comprehensive approach ensures you have a complete and accurate account of the event, which can protect you if questions arise later.
   
   • Example: During a routine spay procedure, maintain detailed notes in the clinical record, including the surgical swab count at each stage of the operation, any observations (e.g., abnormal anatomy or unexpected bleeding), and data such as monitored vital signs or anesthetic logs. Also, document any discussions with surgical assistants. This thorough documentation provides a clear record of the procedure and demonstrates adherence to professional standards if the owner raises concerns later.

The Hong Kong Apologies Ordinance: Legal Framework for Making Apologies

Even if veterinarians follow all protocols, act professionally, and communicate effectively, adverse situations may still arise due to the unpredictable nature of veterinary medicine. In such cases, a sincere apology may be all that is required to address a pet owner's grief or frustration. The ability to empathize and echo the owner’s concerns can go a long way in maintaining trust and de-escalating the situation.

The Hong Kong Apologies Ordinance (Cap. 631) defines an apology broadly and outlines what can be included in an apology while still being protected under the Ordinance. Specifically, an apology can include:

1. Expressions of Regret, Sympathy, or Benevolence
   
   • The Ordinance allows you to express emotions like regret, sympathy, or compassion for the affected party. For example, statements like "I am truly sorry for the pain this situation has caused you" fall under this protection.
2. Acknowledgment of Facts
   
   • You are permitted to acknowledge the facts of the case, such as what happened or the sequence of events, as long as it is done transparently and without misleading the other party. For instance, "During the surgery, the animal experienced an unexpected reaction to the anesthesia," would qualify.
3. Statements of Fault (If Included)
   
   • While the Ordinance does allow an apology to include admissions of fault, it is important to note that these admissions cannot be used as evidence of liability in most civil proceedings (except in certain limited cases, like those involving criminal conduct or disciplinary actions). However, veterinarians should still exercise caution and seek professional advice before explicitly admitting fault.
4. Offers to Repair or Prevent Future Issues
   
   • You may include assurances or commitments to address the issue or prevent its recurrence, such as implementing procedural changes or offering follow-up care. For example, "We will review our protocols to ensure this does not happen again," or "We will cover the costs of corrective treatment," are acceptable and protected under the Ordinance.

What the Ordinance Does NOT Require

The Apologies Ordinance does not mandate:

• An explicit admission of fault or guilt in every apology.
• A formal or overly legalistic apology.
• That an apology must include compensation or restitution (though this can be part of broader dispute resolution).

Key Takeaway

Under the Apologies Ordinance, an apology can simply be a heartfelt expression of regret or sympathy, combined with an acknowledgment of the situation. Veterinarians are encouraged to use these protections to communicate with pet owners effectively while preserving their legal rights.