Parties in peer review hearings can present a wide range of relevant evidence, regardless of its admissibility in a court of law. But California has passed a new “apology law” that modifies that standard, erecting a potential hurdle for medical staffs to admit relevant evidence against practitioners in peer review hearings.
Under California law, statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident are inadmissible in civil trials. (Evid. Code, § 1160.) ...
On Friday, June 22, 2018, a Florida Appeals Court handed down its decision in Omulepu v. Department of Health Board of Medicine. The case involved a doctor's appeal from a decision by the Florida Department of Health, Board of Medicine to revoke a plastic surgeon's right to practice medicine. The main issue on appeal was the effect of the doctor's invocation of his Fifth Amendment right not to incriminate himself.
In criminal proceedings, a defendant's invocation of his Fifth Amendment privilege cannot be used against him. Juries are instructed in criminal cases that they cannot draw ...
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