Pennsylvania Medical Society Applauds House of Representatives for Approving Bill to Protect Physician Apologies

HARRISBURG, PA – The Pennsylvania Medical Society applauds the Pennsylvania House of Representatives for voting 171-27 today to approve a much needed medical liability reform bill addressing physician apologies. This bill will help protect the critical patient-physician relationship that is the hallmark of best practices in health care safety and quality.

House Bill 495 would allow health care providers and patients to have a full and open conversation after an unforeseen outcome without fear that anything said by the provider would be used against them in a medical liability lawsuit.

“When a poor outcome occurs, patients want answers, and physicians want to provide the patient with those answers,” said Medical Society President Ralph Schmeltz, MD. “Unfortunately, the very real concern that personal injury lawyers will use benevolent gestures or admissions of fault against them makes many physicians reluctant to have that important conversation with their patients.”

HB 495 does not take any legal right away from injured patients or impair their ability to file a personal injury action against a health care provider should they choose to do so. It also does not limit the amount that a patient can recover in such an action. The legislation simply facilitates the ability of providers and patients to have an open discussion after a poor outcome.

The Medical Society wishes to thank the legislators who have supported this important measure thus far, with special thanks to Rep. Keith Gillespie (R-York), prime sponsor of HB 495; House Judiciary Chairman, Rep. Ron Marsico (R-Dauphin); and House Majority Leader, Rep. Mike Turzai (R-Allegheny), and urge the state Senate to move quickly to approve this important patient-safety and quality care measure.

The patient-doctor relationship has been the priority of the Pennsylvania Medical Society since its founding in 1848. While many health care issues continue to be debated, the physician members will continue to focus on better health for all Pennsylvanians. To learn more about the Pennsylvania Medical Society, visit the web site at www.pamedsoc.org. Our patient website can be found at www.myfamilywellness.org.

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Comments: 2


It is unfortunate that the medical society fails to warn physicians that this law does not apply to an action brought by the state board of medicine or a district attorney. As it is written, this law applies to "liability" actions, but not "licensure" actions or "criminal" actions. Given the frequency with which the state board takes action against physicians who commit errors, the failure to point out this shortcoming is reckless, if not intentional. A truthful analysis of the situation is as follows, "The state board of medicine and/or a district attorney can still use any such statement against a doctor." I do not know why the medical society fails to include this information. It appears to be intentional. Yes, I am licensed to practice law in the Commonwealth. If anyone at the medical society wishes to discuss this, please indicate your willingness to do so. Physicians are tired of being misled.

anonymous at 9/24/2011 1:33:28 PM


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PA Medical Society at 5/3/2011 4:27:02 PM

Last Updated: 3/2/2011
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