New Law Encouraging Open, Honest Communication After Adverse Events Takes Effect

August 3, 2023

A new law that took effect on August 1 is designed to encourage open and transparent communications between healthcare providers, facilities, and patients after an adverse healthcare incident. 

The Communication and Resolution After a Health Care Adverse Incident legislation (Sec. 82. [145.685] ) was supported by the MMA, which worked closely with the Minnesota Association for Justice (MAJ) during the 2023 legislative session. The new law provides protection to healthcare providers and facilities from civil liability for information that may be disclosed during such an open conversation.  

At the heart of the legislation is a process known as CANDOR (Communication and Optimal Resolution). It is used by healthcare facilities and healthcare professionals to respond to and resolve adverse events. It involves immediate disclosure of an adverse event to a patient and/or their family and includes communication with the patient throughout the entire investigation and resolution. In other states where it is used, the CANDOR process has been shown to improve patient safety, better support the healthcare team members involved in the event, and decrease malpractice claims. 

For many patients who experience an adverse event, the inability to get answers is frustrating and compounds the harm they experience. Many healthcare facilities and providers are hesitant to enter into frank conversations with the patient and/or their family due to fear of liability.  

Even in situations in which a case may not rise to the level of a lawsuit, patients still deserve answers and could enter into CANDOR conversations with the care team. The CANDOR process can provide closure for a patient who otherwise may not have received it.  

For additional information and resources concerning CANDOR, visit the MMA website.  

For some additional background, see this fact sheet.