A U.S. physician’s anonymous post about making a procedural mistake sparked widespread discussion among doctors on consent, disclosure, and legal risk. Clinicians emphasized early risk management involvement, careful communication, and emotional support after medical errors.
An anonymous post in a U.S.-based Facebook Physician Community group recently opened a raw and wide-ranging discussion on what doctors should do after a mistake during a simple outpatient or in office procedure, especially when only verbal consent was obtained.
The original poster began with visible distress:
“I made a mistake doing a very simple in office procedure, so simple I just obtained a verbal consent. I have no excuses. Patient may suffer non life threatening permanent damage. Of course I am worried about the patient. At the same time I’m extremely anxious and scared of being sued and getting criticized for making such mistake that nobody else would. I’m very very scared. What would be the next best step to minimize the damage and risk? Should I come clean and talk to the legal team first? Should I apologize to the patient before anything bad actually happen? There is slim chance nothing will happen. Do I just pray for the best outcome? Wish I can turn back time.”
What followed was a cascade of responses from physicians across specialties, sharing legal insight, personal experiences, and emotional support.
Some of the earliest replies focused on honesty.
A board-certified obesity medicine physician wrote:
“I don’t know the legal answer, morally I find that owning mistakes and making a simple clear apology goes a long way.”
Another physician added:
“If the patient asks, be upfront and tell the truth. Apologize. People can tell when we are stalling and or trying to conceal information. That makes things even worse.”
The same commenter reminded the anonymous poster that complications occur even in experienced hands:
“Even the simplest procedure can turn into a mess. I have seen experienced doctors misplacing a central line or leaving the wire in, routine surgeries gone wrong, aortic dissection from a catheterization… It’s a good thing you feel bad. That means you are human.”
Others shared their own mistakes.
One anesthesiologist wrote:
“I had to cancel a AAA for misplacing a central line yrs ago. I was mortified. The pt was disappointed to say the least. The surgeon was kind. Fortunately we all survived.”
Another physician described a recent near-miss:
“I performed an adductor canal block on the non operative side. Even though nothing adverse happened to the patient, it had a significant emotional impact on me and honestly affected my sleep for a while.”
They added that disclosure helped:
“I also disclosed the error to the patient. It was the right thing to do ethically, and the patient and his wife were very grateful that the error was disclosed.”
At the same time, many urged caution and formal guidance.
Multiple commenters emphasized contacting institutional risk management and malpractice carriers before speaking with the patient.
One wrote:
“Early disclosure to your malpractice carrier or risk management office is not an admission of guilt.”
Another clarified:
“It’s not just appreciated, it may be an obligation. Many malpractice policies require the insured party to notify the carrier as soon as they become aware of a situation that may lead to a claim.”
Others were more blunt:
“Talk to legal, shouldn’t even be on here. That’s your first step.”
and
“Contact your malpractice coverer immediately”
A recurring theme was that risk management teams exist to help doctors navigate exactly these situations. One physician who had been sued before shared:
“Unfortunately, I’ve been named in malpractice suits a couple of times and risk management was very helpful both times.”
A major concern in the thread was consent. The original poster had obtained verbal consent only.
Several physicians pointed out that consent is fundamentally about communication, not paperwork.
One wrote:
“The consent form is just a paper record that a discussion took place. The discussion is the consent.”
Another dermatologist added:
“We were recently told by med legal that paper consents are not needed as the verbal discussion is the consent. Apparently the paper consent hasn’t shown to make a huge difference in court for derm cases.”
Others echoed:
“Verbal consent is fine. Especially for a smaller in office procedure.”
and
“Informed consent can be verbal as long as it’s documented properly.”
Still, many emphasized documentation:
“Did you document verbal consent and do you have a witness?”
Another advised:
“Also document what you verbally said now if you haven’t yet. You can do it as an addendum to the procedure. DON’T backdate it.”
One physician summarized the legal distinction:
“Consent involves explaining the procedure and risks to the patient and them conveying that they understand and agree. It does NOT need to be in writing. However, written consent is documentation that you did obtain consent.”
They added that even perfect consent does not protect against malpractice if standard of care was breached.
Several participants cautioned about wording.
One physician advised:
“Be very careful with your language. The most important thing is contacting your risk management… Also when you talk to the patient, ‘there was a complication’ sounds a lot better than ‘I made a mistake.’”
Another echoed:
“Mistake vs incoming complication. Words matter.”
Others highlighted that communication itself can determine whether lawsuits occur.
A widely shared quote in the thread read:
“There is bad outcome and bad communication.”
Another physician put it this way:
“Lawsuits happen with bad outcome or error plus patient feels abandoned or thinks MD doesn’t care. You can control the latter part now.”
Beyond legal strategy, many responses focused on the emotional impact.
One commenter wrote simply:
“Nobody is perfect and nobody is immune to mistakes.”
Another advised seeking professional support:
“See a good therapist if your anxiety impacts your daily life, you ruminate, you second guess your clinical judgment.”
Several physicians referenced the concept of the clinician as a “second victim” after adverse events, a phenomenon widely discussed as second victim syndrome within physician mental health literature.
One wrote:
“Get access to second victim support. It is so painful to have done harm. Your pain needs care too.”
Another offered reassurance:
“These moments are incredibly distressing, but they do not define you as a physician.”
Some participants warned that posting in online groups could have legal consequences.
One said:
“This post is discoverable and will look bad in court if it comes to that, delete it.”
Others debated whether anonymous posts in private groups could realistically be used in litigation. While some felt it was unlikely, several emphasized that Facebook administrators and the platform itself can identify posters, making nothing truly private.
As one physician summarized:
“Another mistake is seeking legal advice on Facebook.”
Amid the discussion, one member cited a well-known study from Michigan that examined institutional error disclosure programs. The research found that structured approaches involving acknowledgment and apology were associated with fewer liability claims and reduced costs after implementation.
This study was shared directly in the thread:
Kachalia, Allen, Samuel R. Kaufman, Richard C. Boothman, Susan Anderson, Kathleen Welch, Sanjay Saint, and Mary A. M. Rogers. Liability Claims and Costs Before and After Implementation of a Medical Error Disclosure Program. Annals of Internal Medicine 153, no. 4 (2010): 213-221.
Several commenters referenced this work when encouraging honesty combined with formal institutional processes.
Verbal consent can be legally valid, but documentation matters as part of informed consent and appropriate malpractice risk management.
Early involvement of malpractice carriers and risk management is widely recommended.
Patients value honesty, but language should be chosen carefully.
Physicians often suffer significant emotional distress after errors.
Good communication and visible concern for the patient may reduce anger and litigation.
Social media is not a safe place for legal advice.
Above all, the thread highlighted that medical errors, whether large or small, affect both patients and clinicians deeply. As one physician put it:
“We’re not perfect. But we can improve. You learn from your mistakes, that’s why I know so much.”
Kachalia, Allen, Susan R. Kaufman, Richard Boothman, Susan Anderson, Keith Welch, Sanjay Saint, and Mary A. Rogers. “Liability Claims and Costs Before and After Implementation of a Medical Error Disclosure Program.” Annals of Internal Medicine 153, no. 4 (2010): 213–221. https://doi.org/10.7326/0003-4819-153-4-201008170-00002.
