An apology or other sympathetic statement made by a healthcare official to a patient cannot be used as evidence of liability in medical malpractice cases, the Supreme Court of Ohio recently clarified.
This information cannot be used in cases filed after the “medical apology statute” legislation took effect in 2004, even if the treatment occurred before then or the doctor admits full responsibility.
“Physicians are and should be sympathetic and empathetic,” argued Dr. William Wulf, medical director of Central Ohio Primary Care. “Fear of future legal action shouldn’t impede that.” Read the full details here:
Doctors’ apologies can’t be used against them in malpractice suits, justices rule
The rules of evidence in both state and federal courts have always allowed admissions of fault to be introduced as evidence at trial. Now there is one exception and it is only for doctors in Ohio. The Ohio Supreme Court has extended a statute that did not allow apologies – which may or may not be admissions of fault – to be used as evidence to now also excluding admissions of fault by doctors.
If you or a family member believe you have a medical malpractice case, contact Crandall & Pera Law today for a free case evaluation. Crandall & Pera Law is available to help answer your questions and guide you in determining your next steps.