The Healthcare Defender

When a medical outcome doesn't go as planned, healthcare providers often want to say something — to acknowledge a complication, express empathy, or even apologize. But for years, the concern was that any such statement could later be used as an admission of liability in a malpractice case.

In response to this dilemma, many states have enacted “apology laws” — statutes designed to encourage open communication between providers and patients after adverse events, without fear that such expressions will be used against them in court. West Virginia is one of those states. But the ...