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Med Mal News
Legislation to Encourage Apologies Under Consideration
Nine state legislatures are currently studying whether to pass legislation that would bar health-care provider apologies for medical mistakes from the courtroom in medical malpractice cases. Henry, AP/Houston Chronicle, 4/12/07. A majority of the states have already passed laws that protect at least some statements of this kind, with a number of states prohibiting any apology from being admitted at trial while others protect only those statements made orally or within a certain prescribed time period following the provider's discovery of the mistake. Plaintiff attorneys are not all certain that doctors' apologies have much bearing on the proving of liability in court. 'You could never make your case by a doctor simply saying, 'I'm sorry that happened,' ' said plaintiffs' attorney Virginia Buchanan of Levin Papantonio Thomas Mitchell Echsner & Proctor in Pensacola, FL, who specializes in medical malpractice cases.
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