In our last post, we looked very briefly at a Michigan law which protects sympathetic physician communications from being used in court. Such statements are not necessarily going to be necessary to necessary to prove medical negligence, though, and the law does not protect physician admissions of fault or negligence from being used against them in medical malpractice litigation.
Evidentiary issues in medical malpractice cases are governed by established rules of evidence. These rules dictate what type of evidence may be admitted in court and what types may not be admitted. Physician admissions of fault could potentially be admitted under various evidentiary classifications.