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apology laws

How to express sympathy without receiving a malpractice lawsuitThe conundrum for physicians is how they can express their humanity in this situation without incurring the risk of the patient subsequently attempting to use the physician's statement as evidence of malpractice in a lawsuit.
Judge says apologies can't be used in malpractice suits
Judge says apologies can't be used in malpractice suitsThe Ohio Supreme Court recently ruled that an apology by a medical provider that includes an admission of liability cannot be admitted as evidence in a civil lawsuit against the provider.
Why empathy may be the best risk management strategyThirty-six states have “apology laws” that prohibit certain statements or expressions of sympathy by a physician from being admissible in a lawsuit. Experts in the field say that while the laws may help some physicians feel more comfortable about expressing empathy, they aren’t really necessary to avoid lawsuits. Instead, good patient-physician relationships and open disclosure are the keys to responding successfully to a bad outcome.
We should double down on federal tort reform efforts and expand state programs to locales where basic reforms have been stymied by the trial lawyer lobby. Simultaneously, we should study non-traditional approaches.
Apology laws: Talking to patients about adverse eventsApology laws aren’t as important as you may think when it comes to situations in which physicians have to explain, or apologize for something unexpected. However, as healthcare becomes more transparent, sometimes statements of sympathy can be beneficial.
Dealing with a medical mistake: should physicians apologize to patients?To err is human. Every physician at any experience level has made a medical error. Sometimes mistakes can cause harm to patients. How should a physician respond? Is there a role for an apology, or will that lead to a lawsuit?