New "Apology" Law Will Strengthen Patient-Provider Relationships, Improve Pennsylvania's Health Care Delivery System

HARRISBURG, Pa., Oct. 22, 2013 /PRNewswire-USNewswire/ -- The Pennsylvania Health Care Association today commended the Pennsylvania House of Representatives for unanimous passage of SB 379, which is legislation that strengthens communications between health care providers and patients following an unforeseen medical outcome.   

It is anticipated that Gov. Tom Corbett will sign the legislation into law.

SB 379, known as apology or benevolent gesture legislation, allows health care providers to apologize or express empathy for an unforeseen outcome without fearing those statements will be used against them in litigation.

Stuart H. Shapiro, MD, President and CEO at PHCA, said the legislation embraces a new model in health care that is radically different from the old-fashioned "deny and defend" strategy currently in place in Pennsylvania health care facilities.  PHCA/CALM has advocated for apology legislation for five years.  

"Every day across Pennsylvania, in doctors' offices, hospitals, nursing homes and other health care settings, tens of thousands of medical encounters take place. And while one would hope that every patient had the best possible outcome, the reality is, not all of them can or do turn out that way," explained Shapiro, a medical doctor.  "For years, providers have wanted to talk with patients after an unanticipated outcome to express empathy or explain what happened and why, but have been afraid to do so because of fear of litigation. This legislation will change that dynamic across the health care spectrum."

The new law will empower patients, as they will now play a bigger role in their own health care decisions, and it also likely will reduce the number of lawsuits.

"When an adverse outcome occurs, whether because of an unforeseen circumstance or a medical mistake, health care providers want to explain what happened and patients want to be told what happened. But without protections that this legislation brings, providers are afraid to talk to patients," Dr. Shapiro said. "This is a new and right approach to patient care."

Anger – not greed – is often the driving force behind medical malpractice lawsuits.  Research shows a large percentage of patients and families would not have initiated malpractice suits if they had been given a timely explanation and an apology regarding an unanticipated outcome.

Dr. Shapiro noted that the legislation does not relieve health care professionals of liability, nor does it prevent a patient or family from filing a lawsuit.

PHCA/CALM is a statewide advocacy organization for Pennsylvania's most vulnerable older residents and their providers of care. Members comprise for-profit, nonprofit and government providers. Together, they represent more than 425 long-term care and senior service providers that care for more than 45,000 elderly and disabled individuals. For more information call 717-221-1800 or visit www.phca.org or www.calmpa.org.

Contact: Alison Everett, 717-221-7935
Cell: 717-599-2077

SOURCE PA Health Care Association