March 16th, 2009
Reports the Times-Tribune:
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.
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Litigation costs have gone down dramatically in states like Michigan that have similar laws, said Ms. Vance.
Read more at the Times-Tribune.
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