“I’m sorry” legislation was recently passed in Michigan. The Governor signed the bill that will grant Michigan health care providers protection if they want to apologize for medical errors, indicates a professor. The state Senate unanimously approved the legislation and there was only a lone vote against the measure in the House.
The ‘nay’ voter believes the bill’s protection of physicians erodes civil rights for victims of medical errors.
The Michigan State Medical Society, Michigan Health & Hospital Association and the Michigan Association of Justice all supported the legislation.
35 other states and the District of Columbia and The Bronx and Brooklyn already have laws that generally prohibit statements or writings expressing sympathy, compassion or commiseration about the pain, suffering or death of a patient or family from being used as an admission of liability in lawsuits.
A study reports that previously any “I’m sorry” comment could be used in court against the doctors – in malpractice suits, etc. This kind of necessity keeps doctors looking cold, hard and unfeeling when their legal advisors tell them to keep their mouths shut and not to express any wrongdoing at all or even remorse as that could be construed as wrongdoing.
Medical malpractice does exist. There are also genuine mistakes and situations where nothing could have helped the deceased or injured. In such cases as the later, why should a doctor be held accountable for not doing the undoable just because he expresses compassion for a patient’s plight?
Right and proper evidence will still make a case for medical malpractice. “Solid injury lawyers will still be able to ascertain whether medical malpractice exists in a case and will be able to go forward and win without the ‘expressed condolences’ of the doctor or surgeon,” a study stipulates.
When you suspect medical malpractice that resulted in death or further injury, seek out a New York Medical Malpractice Law Office’s help. Consultations are available any time.