Why a doctor should avoid apologizing to a patient

“I’m sorry” may be the first thing that comes to mind when a patient accuses you of a mistake. Perhaps they accuse you of missed/delayed diagnosis, prescription error, lack of informed consent or another mistake.

However, it may be unwise to apologize to a patient. Here is why:

It can be viewed as an admission of fault

Unlike most states, Florida has an apology law, which allows physicians to express sympathy relating to the pain, suffering, or death of a person involved in an accident to that person or family of that person. Any apology made observing this law may not be admitted as evidence in a civil action. Nonetheless, you should still be extra careful, as this law may offer limited protection.

When expressing sympathy to a patient to repair the damaged relationship, the words you use matter. Some statements may give the impression of an admission of fault. Thus, consider finding ways you can express sympathy politely to a patient without creating grounds for legal action. You can say:

• “This must be difficult for you”
• “How are you doing?”
• “I will do my best to obtain more information about what happened”

This is because when a patient informs their team that you offered an apology after they told you of an error, their team will want to know the exact statements you used. How they interpret your words can be a major concern in your case.

You can show sympathy to a patient who sustained an injury due to a medical error without accepting fault. Learn more about the apology law of Florida and your case to protect yourself and your career.