Medical Malpractice Attorneys in Philadelphia Express Concern over Medical Apology Laws

As more states create bills that protect physicians and health care providers from lawsuits based on information attained during an admissions of errors, medical institutions and health systems are putting together programs for disclosure following an adverse medical event. These programs specify procedures for doctors to follow when they perform mandatory disclosure of the events that preceded a medical error. The current Pennsylvania law mandates that patients and their family members receive written admissions of adverse medical events (explanation of the bill here.). However, the proposed legislation would make it easier for these facilities and institutions to express compassion after something goes wrong, while protecting them from lawsuits that result from information disclosed during this process.

The Pennsylvania House of Representatives passed HB 495 on Mar. 2, 2011 by a vote of 171-27. The Senate Judiciary Committee is now considering the bill, but some senators have stalled it and expressed concern about it. The bill is supposed to allow health care providers and patients a full and open conversation after an unforeseen outcome without fear that anything said by the provider would be used against him in a medical liability lawsuit.

Proponents of the bill suggest that since victims of medical malpractice still have the legal right to file a personal injury suit, regardless of the physician apology exception. Moreover they argue the bill places no limitation on the amount that can be recovered, and as such would only promote a more open discussion between the patient and medical provider.

However, the rules of evidence generally allow for admissions of anything leading to culpability to be admitted as evidence at trial. This bill is really not an issue of open discussion. Rather it is about creating an unnecessary exception to the Pennsylvania Rules of Evidence for physicians and medical institutions.

Why should a statement made by physician, admitting an error to a patient or family member, to be exempted from the rules of evidence? Why should the physician be shielded?

In a recent case, a lawsuit was filed and reported on by the Philadelphia Inquirer that would have had a different outcome if this bill passes. Ricardo Blake and Erica Allen-Blake, lost their six day old baby daughter Destinee LoToya Blake after a medical error occurred at Abington Memorial Hospital. Physicians and hospital staff explained the error and apologized during a state mandated disclosure meeting. A year later, the couple filed a lawsuit. Their attorneys were able to use the admissions of the medical providers received by the family at the meeting with the physicians and hospital staff as evidence in the case. They won their malpractice case.

The bill in the Pennsylvania legislature would make apologies inadmissible in medical malpractice cases, and protect the disclosure of what happened to cause the malpractice event.

Sue McCrossin is a freelance writer working with Mr. Stuart A. Carpey, a personal injury attorney Philadelphia to inform residents in Pennsylvania about the types of medical malpractice attorneys in Philadelphia can help victims with. To know more about personal injury lawyers Philadelphia visit our website.