"I'm Sorry, Mississippi": An Argument for Enactment of a Physician Apology Statute by the Mississippi Legislature

Authors

Brittany Brooks Frankel, Mississippi College School of Law

Publication Date

Spring 2024

Abstract

Imagine this: you are a dedicated orthopedic surgeon who loves her work. You perform a total knee replacement, albeit on a high-risk patient. The patient does not heal properly and complains of an unsteady gait. Upon further analysis, you begin to become concerned that his inability to heal may be due to an improperly placed implant. A corrective surgery will be required. You are distraught by the unanticipated outcome and wish to express your deepest apologies to the patient and his family. Not so fast! Be aware that your moral compass could be leading you into expressing an apology that may be used against you as an admittance of fault in Mississippi.

This article will examine the effect of the lack of a physician apology statute in Mississippi, look at a brief history of apology laws nationwide, compare Mississippi's silence to the protections that other states have afforded medical professionals' apologies, and ultimately advocate that a law protecting physician apologies should be enacted by the Mississippi legislature for the benefit of medical professionals, patients, and the public in general.

Recommended Citation

Frankel, Brittany Brooks (2024) ""I'm Sorry, Mississippi": An Argument for Enactment of a Physician Apology Statute by the Mississippi Legislature," Mississippi College Law Review: Vol. 37: Iss. 3, Article 6.
Available at: https://dc.law.mc.edu/lawreview/vol37/iss3/6