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Original Articles

Structuring and Disciplining Apology: A Structurational Analysis of Health Care Benevolence Laws

Pages 6-13
Published online: 20 Oct 2010
 

Health care benevolence laws, a form of tort reform law, mandate statements of sympathy or apology by health care providers and facilities in cases of medical mistakes. These laws create a shared language and sense of meaning for individuals involved in the legal aftermath of medical mistakes. Structuration theory guides this textual analysis to explore how benevolence laws discursively create and structure shared meaning about apology. This analysis highlights how benevolence laws structure apology and discursively discipline medical practitioners, underscoring the importance of ambiguity in law interpretation.

Notes

The 29 states that have benevolence laws are Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Florida, Louisiana, Maine, Maryland, Massachusetts, Michigan, Montana, New Hampshire, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Virginia, Vermont, Washington, West Virginia, and Wyoming.

Additional information

Notes on contributors

Heather J. Carmack

Heather J. Carmack (PhD, Ohio University, 2008) is an assistant professor in the Department of Communication, Missouri State University, 901 S. National Ave., Springfield, MO 65897.

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