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

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