Medical providers have been known to avoid admitting any responsibility when something went wrong with a patient’s care. For some, the fear of a malpractice suit was so great that they hesitated to say something as simple as “I’m sorry” -– even if they couldn’t have prevented it.
That’s why many states have implemented “apology laws” that give medical professionals at least partial protection from having their words used as evidence of wrongdoing in court. While some states don’t even allow outright apologies for errors to be used against doctors, it’s more common for states to offer limited protection. Idaho falls into the latter category.
What does Idaho law say?
Idaho law says in part that “all statements and affirmations, whether in writing or oral, and all gestures or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence…which relate to the discomfort, pain, suffering, injury, or death of the patient as the result of the unanticipated outcome of medical care shall be inadmissible as evidence….” The law goes on to say, “A statement of fault…shall be admissible.”
The law pertains to “health care professionals,” which includes “any person licensed, certified, or registered by the state of Idaho to deliver health care and any clinic, hospital, nursing home, ambulatory surgical center or other place in which health care is provided.”
Laws like Idaho’s can help doctors and other medical professionals feel more comfortable expressing concern and empathy to patients and family members than they otherwise might. This can actually make malpractice claims less likely if the harm isn’t serious and only temporary because patients are more likely to feel understood. In more serious cases, of course, no apology or statement of regret is likely to prevent legal action.
The fact is that a successful legal action is going to require more than some expressions of sympathy by a doctor or hospital administrator. It will require evidence like documentation, witness statements and more. While it’s crucial to make notes of anything said by a doctor or others on the care team when something goes wrong, it’s important to get experienced legal guidance as soon as possible to help preserve documentation and other evidence that could otherwise be erased or altered.