In medical malpractice litigation, Maine is one of 30 states to enact a so called “I’m Sorry” law, also sometimes referred to as an “apology statute.” Essentially, our Bangor medical malpractice attorneys know these laws serve to shield health care providers who extend expressions of sympathy following an adverse patient outcome. The laws indicate those statements can’t be used later against the doctor or hospital as proof of an admission of liability.
However, as the recent case of Strout v. Cent. Me. Med. Ctr. shows, the law does not offer absolute protection with regard to these admissions. This is an important point to underscore because medical providers will often attempt to reach out to patients or surviving family in the wake of a poor medical outcome in an effort to minimize the damage, and perhaps deter the patient from filing a lawsuit. It’s important for individuals to save this correspondence, as it could later be useful for the case.
In Strout, the Maine Supreme Judicial Court was tasked with determining whether the trial court erred in allowing portions of a letter from the medical center’s president to the patient into evidence weighed by the jury.