Currently, healthcare providers’ expressions of sympathy or condolences can be admitted as evidence against them if a patient were to file a malpractice lawsuit.
The proposed legislation says any expression of sympathy, condolence, compassion or a general sense of benevolence (including the word “sorry”) relating to the pain, suffering or death of a patient in connection to medical care or treatment would be declared inadmissible as evidence in civil action against healthcare providers. The legislation would cover both statements and writings of a healthcare provider to a patient or to the patient’s family.
Although many members of the healthcare community voiced their support of the bill, others also demonstrated their opposition, arguing such a law would provide unfair legal protection for physicians at patients’ expense, according to a Brown Daily Herald report.
The legislation will be brought before the House Committee on Judiciary and the Senate Committee on Judiciary before a floor vote by the General Assembly.
Related Articles on Malpractice:
Majority of Surveyed Physicians, Residents See Defensive Medicine in Training
Some Physicians Not Always Honest With Patients
Physicians Can Be Sued for Emotional Distress Alone, Rules Pa. Supreme Court
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