Physicians in Pennsylvania can breathe a little easier now. Pennsylvania’s House of Representatives unanimously voted to pass benevolent gesture legislation. It’s referred to as the “I’m sorry” law. The bill is designed to free up physicians to speak frankly with patients and their families when outcomes fail to meet expectations. The Senate voted to OK the bill earlier this year.
Pennsylvania Gov. Tom Corbett is expected to sign the law this morning, according to an emailed statement from a Pennsylvania Medical Society spokesman.
The idea behind the bill is it lets healthcare professionals express compassion to patients and their families without having to worry that those remarks will be used against them in a malpractice suit. It does not protect physicians who admit fault.
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Dr. C. Richard Schott, the president of the Pennsylvania Medical Society and a practicing cardiologist at Main Line Health in suburban Philadelphia welcomed the move in a statement.
“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.“With SB-379 passing, doctors will feel more comfortable doing so, knowing that an apology is inadmissible unless their expression admits fault.”
Previous attempts to pass the bill in recent years failed because it lumped outright admission of negligence with benevolent gestures as statements inadmissible at trial. The new version makes any benevolent gesture made prior to medical liability action by a health care provider, assisted living residence, or personal care home inadmissible as evidence of liability or an admission against interest.
At least 36 other states have passed some form of benevolent gesture legislation but the wording differs from state to state. In some states, provider apologies don’t offer much protection because they can still be admitted as evidence in malpractice suits. In Colorado, for example, admissions of fault are protected by an evidentiary privilege.
Rhode Island and Wisconsin have been reviewing their own benevolent gesture legislation this year.
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