Apology Shield And What We Have Learned
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Today ends the series on the medical apology shield, but certainly doesn't end the discussion and debate. For those who don't know what the apology shield is, it's an evidentiary rule that allows a doctor or other medical service provider to apologize after making a medical mistake without the patient being able to use it against them (introduce into evidence) at a later time. That means if the surgeon apologizes to the patient, the patient can’t introduce the apology into evidence at a later trial.
What Have We Learned
Through this series I’ve learned there is much work to do in this area of the law. Before the laws were passed, there was little thought into the policy this type of law would promote. This rule of evidence is extremely weak and ineffective due to the limitations of many of the enacting laws. The “apology” itself isn’t defined and there is no hearing for a judge to determine if in fact the "apology” when given was genuine. That means a fake apology can be given in an attempt to fool the patient into not filing a lawsuit or even contacting an attorney. Words disguised as an "apology” can be given when in fact these are admissions by medical personnel who will later claim they were part of an apology; when none was intended.
In the end the laws promote lying and disguise lies as the truth. What we end up with are state sanctioned lies. A doctor can admit fault at the time of the mistake, but then at a later trial and while under oath, deny making a mistake. Unless the Courts allow an exception to the apology shield, of which many have no exception, the Courts will be allowing litigants, while under oath, to lie and get away with it.
In this series with each post I’ve tried to cover a single aspect of an apology and the apology shield. Some are clear while others will require the reader to think about what is being discussed. Yes, I still require readers to think. Hopefully these posts add something to the discussion, rather than detract. While some of my verbiage may be somewhat conclusory, I do recognize the need for doctors to be able to apologize; but I will never condone or support Courts allowing lying under oath. I believe the medical profession has created a quagmire they will wish they’d never started with the apology shield. I say that, because, although the court transcript isn’t likely to reflect or publish the apology the Internet will publish it and that’s more accessible than is the court transcript. I suggest the medical profession rethink this one, reload and take a look at how this will ultimately affect its reputation for the truth.
For ease of research we provide the list in this series.
BLOG COMPENDIUM
The Injuryboard Series on the Medical Apology Shield, by Steve Lombardi of the Lombardi Law Firm
1. Why Should I Apologize? -
Steve Lombardi | September 22, 2009 9:42 AM | Des Moines, IA
Hopefully our mother’s and father’s taught us that after you do something wrong you should apologize. The apology is meant to communicate a sincere feeling of remorse. We are taught...
2. "I'm very sorry.", but really I'm not.
Steve Lombardi | September 23, 2009 10:49 AM | Des Moines, IA
Yesterday we discussed three recent incidents where an apology was necessary to correct an error of judgment. Those incidents involved Kanye West, Serena Williams and Congressman Joe Wilson....
3. An Apology Free From Risk, Isn't Really An Apology
Steve Lombardi | September 24, 2009 10:15 AM | Des Moines, IA
After making a mistake why should medical professionals want to apologize? How about because it’s the right thing to do and you’ll sleep better at night having set the record straight...
4. Why are there so many lawsuits?
Steve Lombardi | September 25, 2009 4:17 PM | Des Moines, IA
It's the question every tort reformer loves to ask and it's probably because then it's easy to avoid the real problem. On September 3rd 2009 15 year old Rachel Stewart was headed north on I-380...
5. How To Expose The Fake Medical Apology
Steve Lombardi | September 25, 2009 10:05 AM | Des Moines, IA
A Patient’s Guide to Dealing with the New Fake Medical Apologies Today's apology is Chris Matthews apologizing for his characterization of Hillary Clinton's success in politics coming down to...
6. Apology Shield - Diagnosing Truth With a Broken Lie Detector
Steve Lombardi | September 26, 2009 10:47 AM | Des Moines, IA
WHY IT’S IMPORTANT TO EXPOSE THE FAKE APOLOGY We’ve been covering the apology shield this week and I’m having fun with it, but deep down there’s a serious side to this...
7. It’s Too Late To Apologize
Steve Lombardi | September 28, 2009 10:43 AM | Des Moines, IA
WHY THEY ASK FOR THE RIGHT TO LIE WITH A FAKE APOLOGY An interesting thing about those wanting the apology shield is the emotion that drove them to ask the Iowa legislature to enact the law....
9. What States Officially Sanction The Apology Lie?
Steve Lombardi | October 01, 2009 10:10 AM | Des Moines, IA
We shouldn't wonder why this next generation seems confused and uncommitted to community. With 35 states either considering or having passed laws allowing perjury by legal fiction they should be...
10. What States Officially Sanction The Apology Lie?
Steve Lombardi | October 01, 2009 10:10 AM | Des Moines, IA
11. Apology Shield, Still not asking the right question.
Steve Lombardi | October 02, 2009 10:15 AM | Des Moines, IA
We are talking about apology shields and how it affects America’s character. Today I want to discuss a statement that is quoted from the original investigation by a group of researchers...
12. Fake Apology, State Sanctioned Lies
Steve Lombardi | October 03, 2009 9:35 AM | Des Moines, IA
I’ve covered the apology shield and today will be my last post on this subject, at least for now. I see it as state sanctioned approval of lying under oath. Some may disagree, but let me...
LAWYER AND NEWS REPORTER TALK: It’s time to sign off on this series about the medical apology shield, but it’s not time to stop thinking about it. If you send your news story, case ruling or the citation and title I’ll post about the effects of this rule of evidence and how it affected your clients and the other parties to the case. That offer is extended to both sides of the courtroom, plaintiff and defense. The offer is also directed to all news media reporters and to Judges whose rulings affect the rights of people and the fabric of the American culture.
You may contact me at sdlombardi@aol.com or fax it to 515-222-0718 or by snail mail to Lombardi Law Firm, 4200 Corporate Drive, Suite 112, West Des Moines, Iowa 50266. I enjoy hearing from all the parties and encourage the physicians to contact us as well. We will talk to you confidentially if so required.
From the Injuryboard and The Verdict, I remain true to the truth, even when it is unpleasant to write about or to hear. Steve Lombardi