Ohio’s Apology Statute was instituted in September 2004 and codified in R.C. 2317.43 to prohibit the use of a physician’s statement of sympathy as evidence in a malpractice action. The statute provides that all statements or affirmations, gestures or conduct expressing apology, sympathy, condolence, compassion, or the general sense of benevolence made by a medical provider to a patient, or a patient’s relative or representative, as a result of an unanticipated adverse outcome are inadmissible as evidence against the medical provider. Similarly, a health care practitioner’s offer to pay for future medical expenses to correct any condition is also inadmissible pursuant to Ohio Evidence Rule 409. This statute was enacted so that, in cases where a health care practitioner may say that he/she is “sorry” or that he/she “takes full responsibility,” it does not also serve as an admission that malpractice occurred. Many times, health care practitioners, including dentists, can offer to either refund fees or to pay for a procedure to correct a condition, leading the injured patient to believe that because of the practitioner’s actions he/she was admitting wrongdoing. Many times the health care practitioner will offer to assist financially merely because they are in a better position than the patient to pay for any treatment to correct the problem, and they are not admitting that it was their fault or that they committed medical negligence. In malpractice cases, it is still the Plaintiff’s responsibility to prove that negligence occurred and that, as a result of the negligence, the patient suffered an injury. The Apology Statute offers an additional level of protection for Ohio health care practitioners. At this point, it only applies to medical malpractice actions, but may be expanded in the future. Other health care practitioners are protected in part by the Rules of Evidence which may exclude such statements. In the event that you are the subject of a malpractice action, you should discuss in detail with your attorney if you have made such a statement to the patient or any other individual associated with the patient who might testify regarding your statement.