A medical mistake can change lives in an instant. Families face confusion, anger and sadness. An apology from a healthcare provider could mean a lot. It might bring comfort and understanding. But in Kentucky, doctors often stay silent. They fear their words could be used against them in court. This is because Kentucky lacks an “I’m sorry” law.
What is an apology law?
In many states, healthcare providers can say “I’m sorry” without fear. These states have laws that protect apologies from being used as evidence in malpractice cases.
Kentucky does not have this law, despite ongoing efforts to remedy this. Here, if a doctor apologizes, it might be seen as admitting fault. So, doctors often choose silence over sympathy.
How a lack of protection impacts claims
Without an apology law, Kentucky healthcare providers are hesitant to apologize, even when they know they made a mistake. Admitting guilt can hurt their defense in a lawsuit, so they will typically choose not to say anything.
This can create a situation where patients and families feel ignored or that their concerns are not being taken seriously. If there is evidence of an apology, it can impact medical malpractice claims.
The power of “I’m sorry”
We teach our kids to say “I’m sorry” after they make a mistake or hurt someone, so it’s natural for victims of medical malpractice to expect that same level of respect. A simple apology can:
- Promote healing and forgiveness
- De-escalate anger and frustration
- Show respect for the patient’s experience
However, while an apology can be meaningful, it’s important to remember that it cannot undo the harm caused by a medical mistake. A sincere expression of remorse doesn’t pay medical bills, ease pain or bring back a loved one.
For these reasons, it can be crucial for injured patients and their families to consider legal action, whether a care provider apologized or not. And if you do receive an apology, it’s important to document it.
Keep any correspondence, save voicemails, texts or emails. Having a record ensures you have evidence if you decide to pursue legal action.
By understanding the impact of Kentucky’s lack of an “I’m sorry” law, patients and their families can better understand their rights and the complex landscape of medical malpractice claims, and fight for the justice they deserve.