Legislation Would Protect Physician Apologies
Bills have been introduced in the state General Assembly that would allow medical professionals to apologize for adverse medical outcomes without fear that their statements will be used against them in court.
"Many physicians are reluctant to discuss adverse treatment outcomes with their patients fearing that something they say will be used against them in personal injury lawsuits. This reluctance can serve as a significant impediment to the physician-patient relationship," Pennsylvania Medical Society President Daniel Glunk, MD, said in a letter.
Senate Bill 208, introduced by Sen. Pat Vance (R-Cumberland), and House Bill 1843, introduced by Rep. Keith Gillespie (R-York), are intended to encourage health care professionals to communicate openly and honestly.
They would not stop patients and families from filing medical liability lawsuits, but they would prohibit lawsuits solely on the basis of statements made during an apology.
"The bills foster an open dialogue between physician and patient," Dr. Glunk said.
SB 208 was introduced on Feb. 19, 2009, and HB 1843 was introduced July 10, 2009.
Earlier this year, the Pennsylvania Medical Society and five state health care and business associations sent a joint letter to all state Senators urging them to support SB 208.
"Research studies have shown that a large percentage of patients and families may not have initiated medical malpractice suits if they had been given an explanation and an apology regarding the event," the letter said.
Apology legislation and disclosure programs—on the books in 35 states—have been shown to reduce the number and cost of medical liability claims. A 2006 article in the Journal of the American Medical Association looked at the components of a successful apology.
Senate Bill 626 also attempts to address the issue but does not provide physicians with important protections.
Last Updated: 7/29/2009