Michigan governor signs bill assuring doctors' expression of sympathy won't be admissible in malpractice case
On Tuesday, the Republican Governor of Michigan signed a bill that confirmed when a doctor's statement of commiseration with a patient may be admitted into evidence against him or her. If the statement is merely an expression of sympathy or compassion, it is not admissible. If the statement is one acknowledging negligence or culpable conduct, it will remain admissible. The statute pretty much simply re-states the existing law and common sense, and the Michigan Association of Justice [attorneys who represent victims' families] supported its' passage. Many insurers used a bogeyman of unfair admissibility to discourage physicians from discussing poor outcomes with patients or their families.