Under the Colorado doctor apology law, a doctor’s “I’m sorry” can’t be used as evidence that they committed malpractice. Colorado’s “I’m Sorry” law, C.R.S. § 13-25-135, makes statements of apology, fault or sympathy about an unanticipated outcome of medical care inadmissible as an admission of liability. You can still prove malpractice with other evidence.
“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 Doctor Apology 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 that the doctor admitted liability when they sue them for malpractice.
In fact, in typical lawyerly fashion, the Colorado “I’m Sorry” law says the following cannot be used as evidence that the provider admitted liability:
- “any and all statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence” made by a health care provider or its employee to you, a relative, or your representative 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 as an admission of liability when you sue them. That covers statements like these:
- “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.”
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.
Other Evidence in a Medical Malpractice Claim
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 Greer Law, 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.
For more, read What Counts as Medical Malpractice in Colorado? and Colorado Medical Malpractice Statute of Limitations.
If you’ve suffered needless pain or injury as a result of your doctor’s mistake, call Greer Law today at 303-331-6460 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!
