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HARRISBURG, PA – The Pennsylvania Chamber of Business and Industry lauded passage of legislation (H.B. 495) that would allow health-care providers to apologize to patients for unforeseen outcomes without fear of those statements being used in court.

Known as “apology” legislation, the bill is part of a package of commonsense lawsuit abuse reforms supported by the PA Chamber and a coalition of more than 50 business, health-care, local government and insurance associations.

“The concern that personal injury lawyers will use benevolent gestures against health-care providers in court restricts the open line of communication that patients desire to have with those responsible for their medical care, particularly when an unforeseen outcome has occurred,” PA Chamber Vice President Gene Barr said.

Barr said when a doctor appears uncaring or unsympathetic, patients are often left feeling frustrated and angry. That anger alone can be the impetus for a medical malpractice lawsuit.

House Bill 495 would allow doctors to show compassion, apologize or commiserate freely with patients and their families, while in no way taking away a patient’s ability to pursue other legal action.

Barr said reducing costs without compromising the rights of patients is also a step in the right direction toward improving both the Commonwealth’s health-care and legal climates. 

According to the Pennsylvania Medical Society, “apology” legislation has a proven track record of reducing the number of medical liability claims in the 35 states that have similar legislation in place.

“The House’s swift action in advancing this legislation demonstrates leadership’s strong commitment to improving Pennsylvania’s unbalanced and uncompetitive legal system,” Barr said. “The PA Chamber applauds today’s action and encourages lawmakers and the governor to embrace other reforms that will restore balance, common sense and personal responsibility to a legal climate that lacks all three.”

Other reforms supported by the PA Chamber and the lawsuit abuse reform coalition include:

• a repeal of joint and several liability through re-enactment of the Fair Share Act;
• better protection from liability for innocent sellers that had nothing to do with a product’s manufacture;
• a reasonable time frame in which most product liability cases can be brought, since many suits are brought years after a product was manufactured and worked without incident; and
• preventing plaintiff’s attorney from shopping for favorable court venues

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The Pennsylvania Chamber of Business and Industry is the state’s largest broad-based business association, with thousands of statewide members representing businesses of all sizes and all industry sectors. The PA Chamber is The Statewide Voice of Business™. More information is available on the Chamber’s website at www.pachamber.org.