Vivian argued that his statements to family members in the ICU room were inadmissible under the state's apology law
because they were "intended to express commiseration, condolence, or sympathy.
There are various state laws, and you should be aware of your state's apology laws
63) These states include Arizona, (64) Connecticut, (65) Florida, (66) Georgia, (67) Iowa, (68) and Vermont; (69) Pennsylvania's new physician apology law
was enacted in October 2013 and took effect later that year.
97) One study suggests that states with medical apology laws
settle moderate medical injury claims 16-18% more quickly than states without these laws, and that these states paid out approximately S50,000-$80,000 less for more severe medical injury claims.
In a jurisdiction without a medical apology law
, such a case would most likely settle favorably for the plaintiff prior to trial based on the damning admission.
More than 30 states have passed some kind of dsclosure or apology law
, with varying degrees of protection if an adverse outcome is shared, according to Sorry Works, a national coalition that advocates for such efforts.
1) The emergence of apology laws
in Canada and the United States also attests to this phenomenon.
Miller called for a survivors' support fund to be set up and the introduction of an apology law
Massachusetts' 2012 apology law
had proposed reporting only those cases where it was determined that a practitioner failed to meet the standard of care.
Thirteen states do not have an apology law
(Alabama, Alaska, Arkansas, Illinois, Kansas, Kentucky Minnesota, Mississippi, Nevada, New Mexico, New York, Rhode Island, and Wisconsin).
In some countries apology laws
have been enacted to protect statements of apology made by medical practitioners by excluding the use of these apologies as evidence in medical malpractice litigation.
The purpose of this article is to gain a deeper understanding of the impacts of the malpractice system and tort reforms, the increasing expenditures of medical malpractice insurance, and the influences of apology laws
on medical malpractice lawsuits.