States Passing Laws to Make It Okay For Doctors to Say Sorry

Beth Janicek

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Lawmakers in several states are now considering laws that would allow physicians to apologize and not fear that their words will be used against them in court. The laws would remove health care providers' apologies, expressions of sympathy, condolences or a "general sense of benevolence" as admissions of liability in court.

For example, Vermont law only exempts oral statements of regret or apology and Illinois gives doctors a 72-hour window to safely apologize.

Providence lawyer Steven Minicucci, who handles malpractice suits, said displays of compassion are rarely useful in building such cases. But an apology and an admission of error could be key evidence. He opposes the Rhode Island legislation.

"I like to call it the 'I'm-sorry-I-killed-your-mother"' bill, Minicucci said. "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."
Trial lawyers also call Rhode Island's bill unfair and overly broad because it could bar some internal hospital reports on medical errors from becoming evidence.

Boston-based ProMutual Group, which insures 18,000 doctors, dentists and health care facilities in the Northeast, warns its clients against apologies that admit guilt -- even in states that have laws protecting doctors who say they are sorry.

It distributes a tip sheet cautioning doctors against uttering the words "error," "mistake," "fault" or "negligence."