Throughout the United States so far 35 states have passed what is known as "benevolent gesture" legislation. These laws disallow the use of apologies and like statements made by medical providers from being used against them in a civil lawsuit, potentially making it more difficult for an injured party to recover in a medical malpractice case.

In Pennsylvania a bill containing this type of legislation was passed by the House of Representatives last spring. It is currently with the Senate's Judiciary Committee. It appears to be stuck at this point however as members of the committee try to work through issues regarding where to draw the line on how much of these types of statements can be used in malpractice cases.

As is the case with most proposed bills, there are those for and against passage. The people and organizations in favor of the legislation cite several reasons they support it. First, they claim is strengthens most relationships between doctors and patients because it tends to build trust between the two. Next, they claim adapting such a law tends to reduce the number of medical malpractice lawsuits filed because doctors are able to provide patients reasons why a procedure did not work with less fear that a lawsuit will be filed. This also lowers court expenses.

Individuals who represent those filing medical malpractice claims do not support the bill. One law firm indicated it is a moral obligation of a health care provider to be honest with patients regardless of whether there is a law barring the introduction the explanations, condolences or apologies should a medical malpractice lawsuit be filed.

We will continue to monitor this topic and post updates as they become available.

Source: MedCity News, "'Benevolent gesture' law looks unlikely for Pennsylvania," Stephanie Baum, Oct. 12, 2011