Posted on 03/15/2009 7:12:24 AM PDT by Born Conservative
HARRISBURG — Statewide health care groups are touting new legislation that would allow medical professionals to apologize to patients without triggering a lawsuit based on their statements alone.
The measure by state Sen. Pat Vance, R-31, Carlisle, wouldn’t relieve a doctor or hospital and nursing home employees making an apology from liability for a medical error or procedure that doesn’t turn out as anticipated. Proponents believe creating a legal climate where such statements can be made more easily could result in fewer medical malpractice lawsuits and leave patients and their families more satisfied with the health care provided them.
The Senate bill surfaces after years of efforts in Harrisburg to prevent doctors from leaving Pennsylvania because of high malpractice insurance premiums. On a separate track, Republican lawmakers have sponsored various bills aimed at bringing down legal costs by putting limits on the ability to sue and capping damage awards.
Ms. Vance uses the term “benevolent gesture” to describe the kind of actions she hopes to encourage. This type of proposal is sometimes referred to as “apology legislation” in states where it has become law.
Her bill defines benevolent gesture as an “action, conduct, statement or gesture that conveys a sense of apology, condolence, explanation, compassion or commiseration emanating from human impulses.”
For the legislation to apply, a gesture would have to be made to a patient prior to the start of any legal action.
Litigation costs have gone down dramatically in states like Michigan that have similar laws, said Ms. Vance.
“I think (the bill is) proven to cut down lawsuits,” she added.
The Pennsylvania Health Care Association, which represents long-term care providers, is a strong supporter of the bill.
The bill permits professionals to communicate openly and honestly with patients without fear their statements will be used against them in court, said PHCA President Dr. Stuart Shapiro.
“(Lawmakers) should pass this common-sense, cost-saving measure that costs taxpayers virtually nothing and mirrors the lesson we teach our children — to acknowledge mistakes, not run from them,” he added.
However, the Pennsylvania Association for Justice, which represents trial lawyers, believes the bill goes too far.
Association counsel Mark Phenicie said medical professionals have the right to say they are sorry under current state law. He outlines a hypothetical situation under the bill where a doctor would say he’s sorry to a patient and then add that the anesthesiologist make a mistake.
Mr. Phenicie said such a statement should be admissible in a court hearing on a lawsuit. He expects a more narrow apology bill will emerge before the Senate Judiciary Committee.
Ping
Then came the flood of malpractice litigation...!
Doc........”So sorry if I hurt your feeeeelinnngggggssss”
Yep. Works every time thanks to the miracles of government.
sick humor
You had to know the shyster lobby would object.
M&M (morbidity and mortality, for those not in the field )conferences were one of the best places to learn. Nothing like having every aspect of the care of a patient examined and reviewed. Could get VERY lively....
“I’m so sorry, Mr. Smith. I thought you were in for castration, not circumcision. Please accept my most heartfelt apologies.”
Well, you gotta admit they are experts on going too far.
This is America. We are guaranteed the outcome of our liking. If not, we sue!! That’s the American way.
Next on the agenda: Mandatory apologies to “people of color.”
Just think of all of the problems which would not exist in the absence of trial lawyers...
ping
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