“I’m so sorry, I don’t know what happened . . . the procedure didn’t go as planned.” “I feel terrible. I didn’t know you’d have such an excruciating reaction to this medication.” “I’m truly sorry we amputated the wrong leg.” The last thing we want to hear from our doctors is an apology, since it generally means something’s gone wrong — at the expense of our health and wellbeing.

Anyone who’s been harmed by a doctor’s mistake or negligence may decide to sue them to recover damages for their pain, suffering, rehabilitation costs, and diminished quality of life. The doctor’s apology seems like it should be a key piece of evidence in the case, an admission that proves they screwed up and are liable for malpractice.

Colorado’s “I’m Sorry” Law

Unfortunately, in Colorado that’s not the case. Colorado is one of several states that have enacted so-called “I’m Sorry” laws preventing patients from using an apology as evidence against the doctor when they sue them for malpractice.

In fact, in typical lawyerly fashion, the Colorado “I’m Sorry” law quite comprehensively excludes from evidence:

  • “any and all statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence” made by your doctor to you or any of your relatives that relate to:
  • “the discomfort, pain, suffering, injury, or death of the alleged victim as the result of the unanticipated outcome of medical care.”

That’s a mouthful, but the language here essentially makes it easy for doctors to apologize for their mistakes because they know the apology can’t be used against them when you sue them. While the general idea behind “I’m Sorry” laws is to promote reconciliation between the doctor and patient, the actual effect is to make it more difficult for patients to recover when their doctors commit malpractice.

The Greer Law Group Can Help if You’re the Victim of Medical Malpractice

While Colorado’s “I’m Sorry” law removes one piece of evidence showing your doctor committed malpractice, it by no means makes the job impossible. At the Greer Law Group, we represent clients all over Colorado who have been harmed by their doctor’s malpractice. We understand Colorado’s rules of evidence in malpractice cases and know what needs to be done to prove that your doctor’s mistake caused your injury.

If you’ve suffered needless pain or injury as a result of your doctor’s mistake, call the Greer Law Group today at 720-637-2467 or use our contact form to schedule a free, no-obligation case evaluation. And check out Marlo Greer’s brief TikTok post on this topic!