sumber : ohbulan
Personal Injury Lawyers Pittsburgh Pa
It might seem perfectly reasonable that a doctor should feel free to apologize to a patient or survivors after a surgery goes wrong.
But state Sen. Pat Vance had to work years to pass a bill that would allow doctors to apologize without fear the apology would be used as evidence during a medical malpractice lawsuit.
The bill passed the state House by a 202-0 vote on Tuesday after previously passing the Senate 50-0. It now requires the signature of Gov. Tom Corbett, who has said he supports the bill.
UPDATE: Gov. Tom Corbett signed the bill into law on Wednesday morning.
"I can't tell you, after eight years, how happy I am," said Vance, a Cumberland County Republican.
Vance said the proposal was long stuck in the judiciary committee as the result of the influence of personal injury lawyers.
The key was getting the bill into the insurance committee, which gave it the support needed to bring it before the full Senate, she said. She further credited the influence of state Sen. Gene Yaw, a Lycoming County Republican and a lawyer who has represented patients in medical malpractice cases.
The purpose of the bill is to shield doctors so an apology following an unwanted or unexpected medical outcome isn't used as evidence of negligence in a lawsuit. It also applies to nursing home staff and administrators.
Vance said doctors have historically refrained from apologies out of fear of triggering or aiding a lawsuit. She further said patients and families should have the comfort of knowing their doctor cares about them and shares in their grief.
Moreover, she said research shows that many lawsuits result from patients who felt their doctor wasn't caring or open with them following an unwanted medical outcome. It's been proven that apologies reduce the frequency of lawsuits and overall liability-related costs, Vance said.
Vance said the bill won't impact the ability of patients to file lawsuits alleging medical negligence.
Clifford Rieders, a personal injury lawyer and patient safety advocate, said court interpretations of the bill will decide whether it negatively impacts the rights of injured patients.
He said if the apology can't be used to bolster the patient's case, then the court must also bar the apology from being used to sway the jury in favor of the doctor. Rieders contends doctors have sometimes wanted juries to be aware of apologies in the hope it would favorably impact jurors' view of them.
He also said it's important that the courts separate the apology from any explanation of the facts related to an unwanted medical outcome.
Rieders contents that, historically, some supporters of apology legislation sought to use apology and admission of mistakes as a way to prevent the mistakes from being used as evidence.
Yaw said the purpose of the apology law is to enable doctors who feel grief over a medical outcome to fully express their feelings of regret and sympathy toward the patient or their loved ones.
He said facts contained in an explanation that accompanies an apology can still be used as evidence in court.
For example, if a doctor during the course of an apology explained that he or she was drunk at the time of the mishap, the bill wouldn't prevent those statements from being used in court, Yaw said.
�When an adverse outcome occurs, whether because of an unforeseen circumstance or a medical mistake, health care providers want to explain what happened and patients want to be told what happened. But without protections that this legislation brings, providers are afraid to talk to patients,� Dr. Stuart Shapiro, the head of an association that represents nursing homes and assistled living providers, said in a news release. �This is a new and right approach to patient care.�
Shapiro said many malpractice lawsuits result from anger rather than financial motivation, and apologies can diffuse that anger.
Dr. Richard Schott, the president of the Pennsylvania Medical Society, said in a news release: "As physicians, it is part of our job � part of our moral and ethical responsibility � to respond to patients and families when there are less than favorable outcomes. Medicine is not an exact science, and outcomes may be unpredictable. Benevolent gestures are always appropriate and physicians should not have to fear giving them."
