If the lawyer were writing in good faith, he would advocate excluding apology facts from future use in litigation. That would promote maximal disclosure.
If the data on apology are accurate, they show most cases are motivated by animus, curiosity about the bad outcome, and vengeance. These are improper motives for a tort lawsuit.
Most plaintiffs are scuzzy dirtbags, rejected by even greedy plaintiff lawyers in 95% of cases. If apology becomes mandatory, the doctor would be apologizing all day to vengeful dirtbags. This is just more lawyer oppression of doctors.
I would like to see a rule requiring apologies and an investigation in the 75% of medmal cases that are weak. They fail at that rate at every stage of litigation.
2 years ago