Several States Consider Legislation That Would Make Physician Apologies Inadmissible As Evidence

Lawmakers in nine states are considering bills that would allow physicians to apologize to their patients or patients' families for medical errors without having their apologies be used in court as an admission of guilt, the AP/Houston Chronicle reports. Twenty-seven states already have similar laws, most of which were passed within the last four years, according to the American Medical Association. The legislation "is part of a movement in the medical industry to encourage doctors to promptly and fully inform patients of errors and, when warranted, to apologize," the AP/Chronicle reports. Some hospitals have said that apologies may ease patients' anger and prevent lawsuits. The laws vary by state. In Arizona, Connecticut, Idaho, Maine and 11 other states, physicians can apologize to their patients or patients' families without concern that their words could be used against them. In Vermont, only oral statements of apology, not written ones, are exempt from use in legal proceedings. Illinois allows physicians a 72-hour period of time during which they can apologize for a medical error with legal protection. Rhode Island attorney Steven Minicucci, who handles malpractice cases, said, "I like to call it the 'I'm-sorry-I-killed-your-mother' bill," adding, "If a doctor comes out and says something like that, he shouldn't be able to immunize himself against statements like that by couching it in an apology." Nina Akerley, a spokesperson for medical malpractice insurer ProMutual Group, warned against apologies that admit guilt, saying, "We encourage physicians to apologize about the outcome, not necessarily for any error that may have occurred" (Henry, AP/Houston Chronicle, 4/12).

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