It is often noted that when you are in an injury accident situation where negligence is a factor, you admit to nothing and never apologize. Should someone file a claim against you or if you go to court, what you say could be devastating to the outcome of your case. In terms of medical malpractice, is the same true? Can what a medical professional says be detrimental to their career and hurt them if a medical malpractice claim is filed?
There are some states that have what is known as apology laws. Basically what these laws do is protect medical practitioners from having their words of empathy used against them by patients who were harmed after treatment was administered. The majority of the states across the United States offer some type of protection for apologies that medical professionals make.
If you secured less than ideal outcomes from your medical procedure or treatment, it may or may not be medical malpractice. To determine if your case warrants the time and effort necessary to file one of these complex injury claims, speaking with a knowledgeable attorney is helpful. In Mississippi, the Jackson medical malpractice law firm of Germany Law Firm, PLLC has a comprehensive understanding of medical malpractice law in the state and can assess the strength of your claim.
Does Mississippi Protect Doctors Who Apologize After a Treatment?
If you live in a state that has apology laws, then you may not take your medical provider's sympathy for your circumstances as grounds to file a medical malpractice suit. Though, if you live in a state that does not have such protections it is possible that you may be able to use your doctor’s statements in court. Mississippi is one of the few states that does not have apology laws on file.
If you were harmed by your doctor and they admit fault and regret your situation, it may be possible to use these statements as a part of the evidence you have to show that you have been the victim of medical malpractice. Considering how difficult it is for plaintiffs to win their medical malpractice cases against their medical provider the more you can supplement your argument the better.
According to the research, the great majority of medical malpractice cases that go to court do not favor the plaintiff. Instead, the medical provider wins out. In fact, it is critical for a plaintiff to have considerable evidence showing negligence to have a chance at winning their claim. Even in these instances, a victim only has approximately a 50% chance that the verdict will be made in their favor.
Going to court typically sides with medical professionals. Still, a very small number of medical malpractice cases actually make it to court. Only about 5-7% will be seen before a judge and jury. The rest will tend to settle outside of court.
Speak with a Mississippi Medical Malpractice Attorney Today
Mississippi medical malpractice cases are more intricate than other types of tort cases, but they are still worth pursuing when there is clear negligence on behalf of the medical provider. To learn more about your case and if you should file a Mississippi medical malpractice claim, please call the Jackson personal injury attorney at Germany Law Firm, PLLC to schedule a free consultation at (601) 487-0555.