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Doctors Soon Will Be Allowed to Say "I'm Sorry"

The Michigan House of Representatives and Senate have both recently approved versions of what's been termed the "I'm Sorry Bill."  The Bill provides that certain statements expressing sympathy, compassion, commiseration, or a general sense of benevolence relating to pain, suffering, or death of an individual are inadmissible as evidence of an admission of liability in a medical malpractice action.  However, statements of fault, negligence or culpable conduct would remain admissible. 

The effect of this bill, if enacted, would be to open the lines of communication between medical providers and patients when treatment goes awry.  It would allow the provider to express sympathy or compassion without fearing that their concerns will be used against them in court.  It may also lead to lower legal costs and fewer medical malpractice actions.

This bill is expected to be presented to the governor for signature in the near future.  If you would like additional guidance on how the bill may affect your health care practice, please contact one of the Foster Swift Health Care Practice Group members. 

Categories: Hospitals

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With a business-minded approach, and service-oriented delivery, Mindi helps clients navigate challenges and solve problems in the areas of employee benefits law and health care law. Mindi has spoken and written extensively on employee benefits, health care reform, and health care law topics, and is actively involved in a number of legal, professional and industry organizations focused on these issues.

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Best Lawyers® 2021

Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:

To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.