Bill protects doctors who apologize

June 25, 2009

Lawmakers are considering a bill that allows doctors to say “I’m sorry” without admitting they made a medical mistake.
Doctors have long expressed frustration that showing any compassion toward patients or their families – especially after a death following an operation or treatment – can be used against them in a medical malpractice lawsuit.

The bill, sponsored by Sen. Robert D. O’Leary, D-Barnstable, would make the expression of “benevolence, regret, sympathy, commiseration, condolence, compassion, mistake [or] error” inadmissible as evidence in such a lawsuit.

The bill is pending before the Joint Committee on Health Care Financing.

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