Jim Corbett, the governor of Pennsylvania, recently signed a landmark measure that may change the way doctors interact with patients (and their families) after a surgical procedure goes wrong. According to a recent Philly.com report, the governor signed the “benevolent gesture” bill into law, which will allow doctors to apologize to patients, and make expressions of remorse without having them used as evidence in medical malpractice lawsuits.
Essentially, the new law creates an evidentiary rule that prevents such statements from being used as the basis for a lawsuit. While it does not prevent injured patients from seeking compensation based on surgical mistakes or misdiagnoses (for example), proponents of the law believe that it may reduce the number of medical malpractice suits.
Physicians are widely known as arrogant, or lacking in bedside manner. They have also taken a traditional “deny and defend” stance when it comes to adverse outcomes because any statement of empathy could be construed as an admission of fault. As such, doctors would be reluctant to speak to patients, much less offer any apology. Research suggests some that medical malpractice lawsuits cases may be avoided if a doctor offers some semblance of sympathy towards a patient.
The bill was unanimously supported in both the Pennsylvania House and Senate, and the commonwealth has followed what has been agreed to in 36 other states in some form. It remains to be seen whether New York’s legislature will follow suit. In the meantime, patients who have been injured or sickened and believe medical negligence played a part may consult an attorney for an evaluation of their situation.
Source: Philly.com, “Corbett to sign bill allowing doctors to apologize,” Amy Worden, October 22, 2013
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