Is a doctor’s apology admissible in a medical malpractice trial?

Tuesday March 31, 2015

When a patient is injured or his or her illness is made worse because of a doctor’s negligence, that patient may want to hear an apology. However, some doctor’s may be reluctant to make such statements if they could be used by the patient in a medical malpractice case.

In Connecticut, a health care provider’s apology to a patient who suffered from medical negligence or malpractice is not admissible in court as evidence of an admission against liability or interest. In addition, such a statement is also not admissible if made to a relative, legal guardian, attorney or other representative.

Medical malpractice cases are often very complex and can be very time-consuming. There are often many medical opinions that will be needed, especially as they review the details of the case. Medical experts will also be needed as witnesses in court.

A personal injury attorney can be a vital ally during a medical malpractice lawsuit. He or she can provide more information about the lawsuit, including what to expect as the case moves through civil court.

Medical malpractice lawsuits can be brought against physicians of all kinds, including emergency room doctors, surgeons, pediatricians and oncologists. Health care professionals in other areas may also be liable for injuries or deaths suffered because of medical malpractice. For instance, a surgical nurse or nursing aide may have been negligence in providing care.

Your personal injury attorney needs to be experienced in litigation but also in negotiating. If it’s possible to settle a case without going to trial, then it can be a good thing for everyone involved.

Source: cga.ct.gov, “Inadmissibility of apology made by health care provider to alleged victim of unanticipated outcome of medical care.,” accessed March. 31, 2015

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