Physician ‘I’m Sorry’ Legislation
Thursday, April 12th, 2007Rhode Island and eight other states are considering joining the 27 states that have already passed bills that allow physicians to apologize to patients when medical errors or complications occur without such apologies being considered admissions of guilt in medical malpractice lawsuits. The purpose behind the ’I'm Sorry’ legislation is to encourage prompt full disclosure by doctors and to attempt to decrease the number of malpractice cases. Some states only protect oral statements of apology, while others limit the time frame within which such apologies can be made.
Opponents of the legislation say that physicians should not able to use an apology for protection or immunization from wrongful conduct and that such legislation could potentially prevent internal hospital reports regarding medical errors from becoming evidence. Some physician insurers warn doctors not to offer apologies that admit guilt even in states that have passed ‘I’m Sorry’ laws. They focus instead on doctors’ apologizing for the outcome not for any error, mistake, negligence or fault.
Source: http://www.law.com/jsp/article.jsp?id=1176282248998&pos=ataglance



