A recent study of state apology laws by three Vanderbilt University researchers concludes, among other things, that “from the perspective of physicians, apology laws are almost certainly detrimental,” increasing the frequency of malpractice claims and the amount of indemnity payments.

State apology laws are laws that bar the admission of physician apologies into evidence at medical malpractice trials.  Some such statutes bar both an apology and any admission of liability that accompanies it; others bar the apology but not the admission.

At first glance, the conclusions appear to contradict older studies, such as those conducted by the University of Michigan Health System and the Veterans Administration, indicating that physician apologies reduce both the frequency of claims and the amount of payments.

What’s the explanation of the discrepancy?  It may be the fact that the older studies analyzed programs involving actual apologies by physicians, while the Vanderbilt study analyzed claims without knowing whether or not apologies were actually made—only whether or not the jurisdiction had a state apology law.

So the lesson may be that an apology law isn’t effective unless you use it.  You actually have to say you’re sorry.

The study is “Sorry Is Never Enough: The Effect of State Apology Laws on Medical Malpractice Liability Risk,” by B. J. McMichael et al.