Medical Malpractice – New “I’m Sorry Law” Enacted In Michigan
Under California law, although a physician’s statement of fault is generally admissible in a medical malpractice action, when doctors tell a patient “I’m sorry” after a bad outcome or adverse event, these apologetic or sympathetic statements are inadmissible in a court of law.
However, if the doctor makes these statements to a friend or other non-family member, in some cases the apologies may be used to show liability.
A growing number of states have similar “I’m sorry” laws, with Michigan being the latest to join this trend. Last week, Michigan’s Governor Rick Snyder signed new “I’m sorry” legislation aimed at protecting doctors who express sympathy or compassion to patients. The new law provides that saying “I’m sorry,” as related to a patient’s pain, suffering or death can’t be used as an admission of liability in a medical malpractice suit.
Encouraging doctor patient communication is definitely positive - as is dispelling the anger that follows the occurrence of medical errors, and doctors failing to admit that an error occurred. However, many insurance companies still advise their health care providers to avoid making apologies.
Further, while many benefits exist to both patients who are rightfully entitled to an apology and doctors who are genuinely sorry for the bad outcome – it is important that the motives behind making an apology remain true – and not used insincerely.
For more information about “I’m sorry” laws, or believe that you may have been harmed by medical negligence, please contact the dedicated San Francisco medical malpractice lawyers at Bostwick & Peterson, LLP for a confidential consultation.
