According to the Clinical Advisor, the Alaska Legislature has passed a House Bill 250 which makes apologies, expressions of sympathy and words of compassion by clinicians inadmissible in a medical malpractice case. This way, individual cannot use these apologies against the doctors and nurses and utilize them as evidence in a personal injury case.

This legislation is based on the theory that practitioners who apologize to patients or express sympathy of a poor outcome are less likely to be sued. It encourages individuals to apologize for their actions without fear that the apology will be used against them.

The bill also prohibits the admission of an offer of correction, remediation or settlement by a health care provider in a medical malpractice cause of action. HB 250 does not protect health care providers who make an apology in conjunction with liability or negligence. Only expressions of apology or sympathy are inadmissible. The admission of liability or negligence on the part of the health care provider can be used as evidence in a medical malpractice case.

This decision in Alaska is reflective of a major issue in medical malpractice cases throughout the state. In every medical malpractice case, the courts have to decipher whether admissions of guilt such as "I'm sorry" are considered evidence in a case. If they are, then doctors and nurses are trained not to apologize when they make an error out of fear that it will affect their situation.

If you have been the victim of a medical malpractice situation, you will want to research the issues with your attorney. Don't hesitate to contact a local medical malpractice professional who can guide you through your medical malpractice case and assist you in bringing allegations against a hospital or doctor. Each state has different laws on what is admissible evidence in a medical malpractice case. Call today to get more information.