What Is a Hospital Disclosure Program?

A hospital disclosure program is a formal way some hospitals talk to patients or families after something goes wrong during care. Some hospitals call it CANDOR (Communication and Optimal Resolution), DA&O (Disclosure, Apology, and Offer), or CRP (Communication and Resolution Program), but the general process usually works the same way: someone from the patient’s medical team, a hospital executive, patient relations, or risk management, reach out to you to explain that the hospital is going to look into what happened and share additional information with you. Then, a team from the hospital meets with you, explains what their internal review found, and sometimes offers an apology, a carefully crafted explanation, or even money in exchange for a promise not to file a lawsuit.

Why Would a Hospital Disclose Information To Me After Something Goes Wrong?

Hospitals often describe their disclosure programs as open and honest with patients, and for some hospitals, that’s genuinely part of the goal. But other hospitals use these programs to reduce lawsuits and the value of legitimate claims.  In other words, the disclosure program is used to mitigate risk and protect the hospital financially. 

Hospitals sometimes reach out immediately after an unexpected bad outcome occurs, but a formal disclosure meeting often takes place weeks or months later. Hospitals often present the meeting as a chance for you to get answers, and after a traumatic event, that can feel like exactly what you need.

What many families don’t realize is that the hospital has prepared extensively for this meeting. Their team has reviewed the internal investigation, talked with the hospital’s lawyers, and planned what to say, and how to say it, before ever sitting down with you. It’s a planned presentation from people whose job includes protecting the hospital.

Do I Need My Own Attorney If the Hospital Is Already Talking to Me?

Yes. Talking with the hospital’s team and talking with your own lawyer are not in conflict. Meeting with the hospital doesn’t take away your right to get independent legal advice, and hiring a lawyer doesn’t mean you have to distrust everything the hospital tells you. It just means someone is protecting  your legal rights, asking questions on your behalf, and helping you understand your options before you commit to an important decision.

Morris James represents families navigating hospital disclosure programs. We will review what the hospital has told you, request records and information the hospital’s process may not have shared, and help you figure out your options and legal rights. Contact our attorneys to discuss your situation before talking to the hospital team.

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Morris James represents families navigating hospital disclosure programs on a contingency fee basis. There’s no upfront cost to speak with us, and no fee unless we recover money for you. When you call, you reach a Delaware attorney directly, not a call center.

Hospital Disclosure Programs FAQs

What is a hospital disclosure program, like CANDOR?

It’s a formal process some hospitals use to communicate with patients or families after something goes wrong during your care. Hospitals often give these programs reassuring names, like CANDOR, but the general purpose and process is the same. It usually includes a team of medical and non-medical staff, an internal review of care, and a carefully crafted disclosure of information to the patient or their family. Sometimes this process ends with an offer of financial compensation.

Should I call a lawyer right away after a hospital error, or wait until I know more about what happened?

You should not wait. Talking to a lawyer early in the process can help you understand what information to look for and what questions to ask the hospital. A first conversation with us doesn’t commit you to anything, and you don’t need all the answers yet.

Will contacting a lawyer during a hospital’s disclosure process hurt my relationship with the hospital or doctor?

No. You can talk to a lawyer at any point, even while the hospital’s process is still going on. Hospitals don’t stop treating you or stop their own process just because you’ve also talked to a lawyer.

Who does the hospital’s disclosure team actually represent?

The hospital, not you or your family. The team is usually made up of risk managers, patient safety staff, or the hospital’s own lawyers, and part of their job is to protect the hospital. This is why you need an advocate in your corner.

How long do I have to decide once a hospital has started its disclosure or resolution process?

Each state has a legal deadline for filing a medical malpractice claim. In Delaware, it is usually two years from the date of the malpractice. That deadline doesn’t pause just because the hospital’s process is ongoing. Their process can take weeks or months, and all the time the clock is ticking on your legal deadline. Talking to a lawyer early helps make sure you don’t miss your deadline and protects your right to bring a legal claim.

Should I meet with a hospital’s disclosure team or sign anything they give me before talking to a lawyer?

You should not sign anything before talking to a lawyer. It’s okay to ask for time to look over any document, and to have a lawyer review it first, especially if it includes an offer of money in exchange for giving up your legal rights.

Do I have to accept an apology or explanation a hospital offers through its disclosure program?

No. Accepting an apology or explanation doesn’t mean you agree with what the hospital says happened, and it doesn’t close the matter. You can accept an apology and still look for your own answers. However, if you accept compensation, you are likely waiving your legal rights, including the right to seek counsel and advice related to your claim and the value of your claim.

Can accepting a hospital’s apology or compensation offer affect my legal rights?

It can. Money offers from a hospital come with a catch: accepting the offer means giving up your legal rights. Before you accept any offer or sign anything, have a lawyer look at it first.

Verdicts & Settlements

$15,000,000+ Confidential Settlement

$8,500,000 Settlement – Medical malpractice case involving patient who suffered a brain injury and death due to negligence of hospital staff

$3,250,000 Settlement - Medical malpractice case involving emergency department staff’s failure to diagnose and treat infection, leading to permanent brain injuries

Talk to an Attorney About a Hospital’s Disclosure Process

If a hospital has reached out to your family through a disclosure program, you don’t have to figure this out on your own. Call us at 302.888.6857 or fill out the form below for a free, confidential consultation. We work on a contingency fee basis. You pay nothing unless we recover money for you.

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Brigitte Hunter

Brigitte Hunter

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Ryan T. Keating

Ryan T. Keating

Partner