Can a Doctor’s Apology be Used Against Them in a Florida Court?

When medical treatment goes wrong the negative outcomes a patient may experience can be devastating. If negligence was a factor in poor medical treatment that harmed a patient, this may be a reason for the patient to file a medical malpractice claim for compensation for the damages they suffered. 

Medical malpractice claims are highly complicated and complex and often settle on the side of the medical provider. Research that examined the outcomes of medical malpractice claims over two decades showed that even when the evidence a victim has is strong, the medical provider will still win 50% of the time when a medical malpractice case goes to court. Anything less than this, if the evidence is not robust, then the medical provider’s success rate skyrockets to as high as 90% of all medical malpractice cases seen in court.

Despite the challenge of proving medical malpractice in court, the majority of medical malpractice suits do not make it that far. Instead, approximately 93% of medical malpractice cases will come to a resolution and settle outside of court. If you believe you were harmed by a negligent medical provider in Florida, the Tampa medical malpractice attorneys at Fulgencio Law can evaluate your situation and let you know if it makes sense to move forward with a claim.

Does a Doctor’s Apology Matter in a Florida Medical Malpractice Claim?

Sometimes, doctors are trained and advised to never say sorry or make any admission of guilt to a patient in order to protect themselves from liability if a patient files a medical malpractice suit against them. This is because in some states, what a doctor says can be used as evidence in court.

In other states, however, doctors are protected by what is known as apology laws which are meant to allow a medical professional the ability to make an admission of sorrow for a poor health outcome and not have that admission be weaponized and used against them in court. 

Florida’s apology laws prevent a patient from using a medical provider’s statements of empathy for their condition as a means for a medical malpractice suit. Meaning that if a doctor says he/she is sorry to a patient this does not mean that the doctor was negligent nor is it an admission that they are guilty of any wrongdoing.

Though, Florida apology statutes indicate that a medical professional’s admissions of guilt along with “benevolent gestures” can then be used in a suit.

Medical malpractice claims are intricate and what evidence a victim can use can vary depending on the details of their experience. The knowledgeable  Tampa personal injury attorneys at Fulgencio Law know the law, the medical malpractice process, and how to build strong claims for compensation.

Speak with a Florida Medical Malpractice Attorney Today

Victims who believe that they were harmed by a negligent medical provider in Florida should reach out to a legal professional for more information regarding their rights and options. Initial consultations with the Tampa civil litigation attorneys at Fulgencio Law are always free. Call today at (813) 463-0123 to schedule a time to come in and discuss your case with a talented legal professional.