Medical Malpractice and Apology Laws
Medical malpractice is negligence caused by a medical or health care professional who strays from the standards of their practices resulting in the injury or death of a patient. When malpractice occurs, the natural human response is to feel guilt. We rectify this guilt is by apologizing. Although apologies offer temporary consolation to the patient or loved ones of those who were wronged, they also can be construed as an admission of negligence to the family. Apologies have been held against healthcare professionals as evidence in medical malpractice cases. Due to tort reform and lobbying by medical groups and hospitals, 39 states have enacted what are called “apology laws.”
Apology laws are a form of legislation with the sole purpose of not holding doctors or healthcare providers accountable for their candid conversations. Lobbyists say that by protecting apologies, more transparent interactions between patients and professionals occur because they are aware that the truth cannot and will not be used against them.
There are two types of apology laws: full and partial. There are also some states in which no apology laws are set in place. Under partial apology laws, only expressions of regret are protected. This means that if a full apology is made, it can be used as evidence. In Arizona, we observe full apology laws. This means that “any statement, affirmation, gesture, or conduct expressing apology, responsibility, liability, sympathy, commiseration, condolence, compassion, or a general sense of benevolence” is protected.
Unsurprisingly, doctors and nurses still often cover-up the true cause a patient’s injuries or death. They blame other factors that have nothing to do with what happened, simply to convince the patient or the family not to sue. That is why you need an experienced and successful medical malpractice lawyer to represent you. Sifting through the made-up stories can be difficult, but Snyder & Wenner has over 35 years of experience in holding doctors, nurses, PAs, and hospitals accountable for their negligent conduct. Contact us today for a free consultation.
