You may have heard about “apology laws” throughout the country that give physicians the freedom to say simple things like “I’m sorry” when something goes wrong or even outright apologize for not doing something better without risking having their words come back to haunt them in a malpractice suit. One of the goals of these laws is to allow doctors the chance to show sympathy for a patient’s distress without worrying so much about the potential consequences of that simple gesture.
While the majority of states have some form of apology law, New York doesn’t. You might be interested to know that when Hillary Clinton represented New York in the U.S. Senate, she, along with a young senator from Illinois named Barack Obama, introduced legislation called the National Medical Error Disclosure and Compensation (MEDiC) Act that would have created a federal apology law. That effort didn’t succeed.
Without a state or federal apology law, doctors in New York aren’t likely to apologize and may even be hesitant to show regret when something they did (or neglected to do) caused harm. That’s because anything they say that may imply fault can be used as evidence in a malpractice claim.
Evidence is crucial – with or without an apology
It’s important to know, however, that in most cases, a doctor’s words alone aren’t strong enough evidence for a malpractice suit. Unless they admit to something egregious like performing surgery while drunk, other evidence will be necessary.
It’s important to get that evidence as soon as possible – before doctors’ notes and other records disappear or undergo editing and before witnesses can reasonably claim they don’t remember something. Besides this evidence, expert witnesses can be called on to testify to where things went wrong and how they would have handled the case.
It’s also crucial for patients and/or their family members to take thorough notes whenever a doctor is explaining things and not to hesitate to tell them to slow down, explain medical jargon and repeat things if necessary – no matter how surly they might get. This is important for everyone undergoing care, but the notes can prove helpful in a malpractice case.
A lot of things can go wrong with medical treatment, even for highly competent, responsible doctors. That’s why the bar is high for proving medical malpractice or negligence. The best first step if you believe you or a loved one was a victim of malpractice is to get experienced legal guidance.