“I’m sorry” legislation – What does it mean?
Claims » I'm sorry?
No one in the physician-patient relationship feels good about an adverse outcome. As a doctor and as a human being, you want to show your concern for the patient’s health and welfare.
Many states have passed so-called “I’m sorry” legislation that removes any risk that a physician’s expression of sympathy, compassion or apology made during the discussion of an adverse or unexpected outcome, could be used as evidence against that physician in a future suit. Although the legislation may be new, Medical Mutual has always maintained that an open disclosure discussion is a mandate of the physician-patient relationship and we strongly endorse the American Medical Association’s code of ethics that requires physicians to always deal openly and honestly with patients.
In Medical Mutual’s experience, many claims could very likely have been avoided had physicians communicated care and concern for their patient during a thoughtful and forthright discussion of an adverse outcome. An apology is a meaningful and very powerful tool in maintaining the physician-patient relationship and in avoiding a future lawsuit. Admissions of fault, however, are not protected and, therefore remain admissible in subsequent litigation.