Can these “expressions of sympathy” be used against a doctor or hospital in a potential malpractice lawsuit?
The Tennessee Rules of Evidence exclude “expressions of sympathy” from being used by the opposing party as an admission of guilt, (for example). The plaintiff’s counsel cannot introduce evidence of an apology alone against the provider, although each situation is fact-dependent. From a practical standpoint, it would be ill-advised for a plaintiff’s attorney to offer such statements. Nothing could be worse than a malpractice attorney telling the jury that, of all things, a doctor defendant actually apologized and was genuinely contrite for the mistake. The jury will view the defendant as sympathetic and the plaintiff as greedy–not the formula for success in the courtroom. Has this concept and its policies yielded any statistical results? According to the Sorry Works! Coalition, the leading grassroots organization in this movement, programs are experiencing success. The first hospital prototype was conceived and implemented at the Lexington, Ky., Veteran’s Administration hospital. During
Related Questions
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