One can still sue on the facts of the case, simply not present an apology as a mea culpa.

These laws allow physicians to keep patients at arms length and shield them from accountability. These laws are bad for patient health.

More on the topic:
http://pharm-aid.blogspot.com/2007/04/shielding-doctors-from-accountability.html

That is a 7-Up apology. The “unapology”. The subtext appended to is:

“I’m sorry you feel the way you do. I am not sorry for what I have done for wouldn’t I say so if I were. But in fact, I have made no mistakes. You are a sniveling whiney butt who should just cease to exist, for then you wouldn’t have any feelings and I wouldn’t have to speak to inferior babyfied serfs like yourself. I am the Master of the Universe, an Ubermensch, a Lion whose natural destiny is to prey on such as you. If you had a proper view of your place, you would bask in my greatness an accept my predatory action in your life with gratitude for the attention you receive. But instead you whine and expect me to listen to it, which is why I regret that you feel the way you do.

“I’m sorry you feel the way you do.”

Honestly, I’d rather have received no “sympathy” at all if that’s the best they could do. The comment actually made me angrier than the “bad outcome” which precipitated it.

Long before “I’m sorry”, legislation, back when the malpractice insurers were all saying don’t do it, I was taught by wise elderly teachers to be honest and genuine with patients and their families, and that meant to express regrets when things go badly and to apologize when I screw up. Fortunately, I have only had to do the later in the face of serious consequences on a few occasions, but in no case have I regreted discussing my error honestly. Painful but healing, and while I may get served 5 minutes from now, it’s been 20 years and I haven’t been sued yet. It was not done as a ploy to escape a lawsuit, in fact it was done with the assumption that, if there were a lawsuit, it would undermine the defense. It was done because it is the right thing to do when one human being harms another and is sorry for that. It is right for the doctor and right for the patient in that it helps facilitate forgiveness which is far healthier for the soul than vengence.

When doc’s can get off their high horse and start to admit to making mistakes then less of them will get sued. you bring it on yoruself, not by what mistake you have made, but by your attitudes.

Would Mr. Turkewitz want one of his clients at the scene of an accident to say: “I really screwed up by texting on my cell phone while driving, and I sure am sorry about how I committed an egregrious error by running over that little old lady”. This would be an admission against interest that few, if any lawyers would recommend for their client.

–ET