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House approves key lawsuit abuse reform measure
Chamber members applaud legislative action on ‘apology legislation’ The state House passed legislation (H.B. 495) that would allow health-care providers to apologize to patients without fear of legal repercussions, raising hopes for swift passage of what is known as “apology legislation.” Doing so would be a step in the right direction toward improving the Commonwealth’s health-care climate by reducing costs without compromising the rights of patients. The bill would allow health-care providers to speak with patients following an unforeseen outcome without the fear of litigation based solely on the conversation. Specifically, the bill would allow health-care providers to apologize, explain or show compassion or commiseration freely without these statements being permitted as evidence in a court of law. The measure would in no way take away a patient’s ability to sue or pursue other legal action. The concern that personal injury lawyers will use benevolent gestures or admission of fault against health-care providers and professions sets the stage for the reluctance to have open conversations with patients. As a result, patients are left feeling frustrated and angry, and anger is often a driving force behind medical malpractice lawsuits. Ensuring that certain statements made by physicians, hospitals or nursing home employees would no longer play a role in lawsuits is a commonsense, consumer and provider friendly approach to lawsuit abuse reform. The measure has a proven track record in other states as a way of reducing the number medical liability claims in the 35 states that employ such practices, according to the Pennsylvania Medical Society, which supports the bill along with other health-care organizations and the PA Chamber. The bill is part of a comprehensive lawsuit abuse reform package supported by the PA Chamber and more than 50 other business, health-care, local government and insurance associations. The state Senate must now consider the measure. Read more about Pennsylvania’s dismal legal climate and the need for lawsuit abuse reform.### Founded in 1916, the Pennsylvania Chamber of Business and Industry is the state's largest broad-based business association, with its membership comprising businesses of all sizes and across all industry sectors. The PA Chamber is The Statewide Voice of Business. |
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