Medical Malpractice
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November 1st, 2007

"Doctor's Admission of Guilt Would Be Inadmissible In Lawsuits"

Legislators in Massachusetts have proposed two new bills that would protect doctors who apologize to patients after making a mistake. If passed, the laws would make physician admissions of guilt inadmissible in medical malpractice lawsuits.

The First Bill

The first bill was proposed by Senator Richard T. Moore and would create a pilot program to encourage doctors and hospitals to immediately acknowledge errors, issue an apology, and offer the injured patient a “fair settlement.”

Under Moore's bill, statements of mistake could not be used as evidence against doctors who take prompt action if a lawsuit were filed. Legislators held a meeting on the bill in September.

The Second Bill

Senator Robert A. O'Leary proposed the second bill, which is slightly broader than Moore's—barring any admission of error by a doctor as evidence in court. A hearing has yet to be scheduled for O'Leary's bill.

Opposition to the Legislation

Trial lawyers in the state are opposed to legislation that would exempt doctors from assuming responsibility for injury caused to patients.

Paul Leavis, president of the Massachusetts Academy of Trial Lawyers, said the rules should be the same for doctors as they are for those in general personal injury cases. He cited a car accident as an example.

“If I get out of my car and say, ‘I'm sorry I rear-ended you,' that is admissible in court,” he said.

Doctors should not be able to admit guilt to a patient and then be found innocent by a jury. “If they are responsible for causing harm, they should be held responsible,” said Leavis.

Similar Battles Across U.S.

Legislative battles similar to the one being waged in Mass. are happening throughout the United States. Already four states—Washington, Arizona, Connecticut, and Colorado— have passed laws that protect doctors who admit fault.

Supporters of legal exemptions for doctors believe that such protections will improve doctor-patient relationships and reverse the current “culture of secrecy” that discourages open discussions about medical mistakes.

“Doctors are very confused,” said internist Dr. Tom Delbanco, creator of the film “When Things Go Wrong, Voices of Patients and Families.” “Some [people] tell them to open their hearts and spill the beans. Others tell them to keep their mouth shut.”

(Source: Boston Globe online)

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