When your doctor makes a mistake, it is only fair to expect to get a truthful explanation about what happened. After all, there is the Patient Bill of Rights under state
and federal law. There are professional ethics. And then there is plain old human decency. All of them tell us that our physicians and other medical
practitioners should quickly tell you about any mistakes they made, especially if your medical treatment is affected.
Well, we’re sorry to tell you that the truth can be an elusive stranger. In our practice we have seen altered and destroyed medical records and more than a handful of lying witnesses. When one of our clients was left on the table during his twelve hour back operation so his surgeon could go cash a check, nobody even told him what
the doctor did or that his doctor had his hospital privileges immediately revoked.
Now Massachusetts doctors and hospitals are proposing legislation that will shield admissions of liability for admission at trial as long as they use the magic words “I’m sorry” when they explain what went wrong. So, for example, if the doctor says to his patient, “I’m sorry I cut off the wrong leg,” you could not quote him in court.
There are two pending bills under review at the Legislature which would shield medical admissions from being used at trial. We oppose this legislation. We encourage doctors and hospitals to recognize their moral obligations to be open and honest with their patients. If there is negligence, that is what insurance is for.
Protect your rights, and oppose this legislation and other bills that would restrict your rights as a victim of medical malpractice.