Ontario proposal to ban the use of apologies in lawsuits

[Darth Wong]

http://www.cbc.ca/canada/ottawa/story/2 ... 81007.html

About time.

[Metatwaddle]

If it passes, as most government bills do, the act is expected to have a significant impact on the health-care field because professionals are generally advised not to apologize for fear those statements could be used against them in court.

Health Minister David Caplan said the bill would allow health-care professionals to be more open and honest with patients and their families, and therefore improve patient safety.

In addition, the government expects it to remove barriers to discussing and settling disputes and reduce the number that wind up in the courts.

This sounds like a good idea. It seems to me that if an organization fucks up badly enough that some kind of compensation is warranted (like a malpractice suit), the physical evidence alone should be strong enough for the plaintiff to win. You shouldn't need an apology. But maybe this is too simplistic a view - I'm not a lawyer.

[Darth Wong]

Unfortunately, that's not how it works. An apology is typically used as evidence in a lawsuit because it "implies guilt".

That's why they advise you NEVER to say "I'm sorry" after something bad happens, because some douchebag lawyer will probably try to use it as proof that you were guilty of doing something wrong, and sue you in court. Even if they have nothing else, the "I'm sorry" statement counts as evidence of your state of mind.