When something goes wrong with medical care, emotions can run high. Patients and their families might feel confused, hurt, or angry. A kind word from a doctor can go a long way. But what if that apology could be used in court? That’s where apology laws come into play.
At Osborne & Francis, we’ve helped clients recover millions in damages in medical malpractice claims. We are committed to fighting for justice and compensation for our clients and their families in Florida and beyond. So, contact us online or at (561) 293-2600 for a free, confidential consultation.
Below, we’ll explain what is an apology law in Florida and how it affects medical malpractice cases. You’ll also learn what to do if a doctor’s actions harm you and understand your rights going forward.
In Florida, an apology law is designed to make it easier for doctors to express sympathy after a medical error or bad outcome without worrying that their words will be used against them in a lawsuit.
According to Florida Statute 90.4026, doctors are allowed to say things like “I’m sorry this happened” or “I’m so sorry you’re feeling this way” as a way to show empathy toward a patient, without those words being used as evidence in a malpractice case.
For example, if a doctor says, “I’m sorry this happened to you,” they are simply expressing compassion. Under the law, this kind of statement is called a “benevolent gesture,” and it cannot be used in court to prove negligence or fault.
But here's where the law has a limit. If a doctor goes further and admits fault, like saying, “I’m sorry this happened because I made a mistake,” then that admission can be used in a malpractice lawsuit. So while doctors can express sympathy, admitting they made an error is a different matter, and that part isn’t protected by the apology law.
In healthcare, mistakes can happen. When they do, doctors often feel deeply concerned about the impact on their patients. But does saying “I’m sorry” mean a doctor is admitting fault or medical malpractice?
The answer is no, at least not automatically. Under apology laws in Florida and other states, doctors can express sympathy or regret without it being considered an admission of guilt.
Apology laws safeguard expressions of sympathy or compassion. Doctors can empathize with patients, and patients can feel heard. But these laws don’t erase accountability. If a doctor’s actions cause harm, patients still have the right to pursue a claim.
Additionally, while Florida's apology law does not require doctors to apologize or express sympathy, it does impose an important duty: doctors must inform patients if any harm results from medical treatment. This ensures that patients are fully aware of their condition and can make informed decisions about their care.
For example, if a doctor performs surgery and a misstep during the procedure leads to a punctured organ or internal bleeding, the doctor is legally obligated to inform the patient of the complication. Simply failing to disclose such information would not be acceptable, as the law requires transparency about any harm caused during treatment.
If you believe a medical mistake harmed you, write down exactly what the doctor said. Documenting these conversations can help determine if the doctor admitted fault. While apology laws protect kindness, they don’t shield negligence. Patients still have the right to hold doctors accountable for harmful errors.
If you think a medical professional may have harmed you, there are steps you can take:
We know how difficult and confusing it can be when a medical mistake affects your life. If you've experienced harm and are wondering what is an apology law in the medical field in Florida and how it affects your case, we're here to help.
At Osborne & Francis, we’ll listen to your story, explain your options, and fight for the justice you deserve. You don’t have to do this alone. Call us today at (561) 293-2600 or reach out to us online for a 100% free and private consultation.
Florida laws can be complex, particularly when it comes to medical care. Even though the law shields doctors from liability when they apologize, it does not protect statements that directly admit fault. If a doctor acknowledges their mistake, such as saying, “I’m sorry I made an error,” that admission can be used against them in a medical malpractice lawsuit.
The apology law also doesn’t shield doctors in all cases. While the law applies to expressions of sympathy, it does not prevent patients from pursuing legal claims in situations involving serious medical errors. Here are a few examples where the law might not apply:
In these cases, a doctor might say, “I’m sorry this happened,” without making a direct admission of guilt. However, if there is sufficient evidence of fault, one can file a claim for medical malpractice.
Our team is here for patients harmed by medical mistakes. Our firm has handled many malpractice cases and secured significant settlements for clients. We recently won $4 million for a family whose baby suffered a brain injury during birth.
At Osborne & Francis, we do more than take cases. We fight for justice and care deeply about our clients.
Call Osborne & Francis today if you believe a doctor’s actions caused you harm. We offer free consultations to discuss your case and explain your options. Don’t face this alone—let Osborne & Francis help you fight for the justice you deserve. Contact us online or call (561) 293-2600 today to learn more about how we can help you.
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