It's a shame that such things are necessary, but there's no getting around it--malpractice liability counts when doctors speak with the families of deceased patients. Hoping to make the task just a bit easier, Hawaii has passed a bill allowing doctors to express sympathy and offer condolences without fearing that their gesture can be used against them in court. On the other hand, the new law's language specifically notes that a doctor's apology or admission of fault can indeed by used against them. This puts the bill at odds with national trends. Right now, at least nine states are now considering laws which would allow doctors to apologize for mistakes without fearing that the apology will be used against them in court. What's more, 27 other states have already passed similar laws.
To find out more about this trend:
- read this Pacific Business News piece [1]
Related Article:
Laws would protect physicians who apologize. Report [2]
Links:
[1] http://www.bizjournals.com/pacific/stories/2007/05/21/daily41.html?b=1179720000^1466968
[2] http://www.fiercehealthcare.com/story/laws-would-protect-physicians-who-apologize/2007-04-13