Legislature(2013 - 2014)FAHRENKAMP 203
04/15/2014 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB250 | |
| HB127 | |
| HB140 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 140 | TELECONFERENCED | |
| += | HB 127 | TELECONFERENCED | |
| += | HB 250 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 250-MEDICAL MALPRACTICE ACTIONS
1:43:52 PM
CHAIR COGHILL announced the consideration of HB 250. "An Act
making an expression of apology, sympathy, commiseration,
compassion, or benevolence by a health care provider
inadmissible in a medical malpractice case; requiring a health
care provider to advise a patient or the patient's legal
representative to seek legal advice before making an agreement
with the patient to correct an unanticipated outcome of medical
treatment or care; and amending Rules 402, 407, 408, 409, and
801, Alaska Rules of Evidence." [This was the second hearing and
CSHB 250(HSS) AM was before the committee.]
1:44:18 PM
ERIKA O'SULLIVAN, Staff, Representative Kurt Olson, Alaska State
Legislature, Juneau, Alaska, reviewed the following changes
between HB 250 Version A and Version P.A: [Original punctuation
provided.]
On page 1, line 1 of the bill title, the words
'liability' and 'responsibility' were deleted. Under
Sec. 1(a) on page 1, line 12 'liability' and
'responsibility' were deleted.
Under Sec. 1(a), page 2, line 14, subsection (5) was
added to read: "evidence of a health care provider
requesting, demanding, inquiring, or directing another
to write-off, offer or promise to pay medical,
hospital, or similar expenses, in whole or in part,
following an unanticipated outcome of medical
treatment or care."
Under Sec. 1, page 2, line 18, subsection (b) was
added to read: "If an expression of apology, sympathy,
commiseration, compassion, or benevolence made under
(a)(1) of this section is made in conjunction with an
admission of liability, or negligence, only the
expression of apology, sympathy, commiseration,
compassion, or benevolence is inadmissible, and the
admission of liability, or negligence may be
admissible as evidence."
Under Sec. 09.55.545 on page 3, line 7, "to" was
deleted, and "in writing that the patient or patient's
legal representative may" was inserted.
Under Sec. 2(1), on page 3, line 14, 'liability' and
'responsibility' were deleted.
Under Sec. 4, page 4, line 4, the CONDITIONAL EFFECT
was amended to include Sec. AS 09.55.545.
1:48:40 PM
SENATOR WIELECHOWSKI asked if she was aware of any opposition to
the bill.
MS. O'SULLIVAN said a trial attorney expressed concern with the
original version, but most people have expressed satisfaction
with the changes that exclude the words "liability" and
"responsibility."
SENATOR WIELECHOWSKI asked if it's fair to say that the changes
found in Version P.A represent a compromise between the doctors
and lawyers.
MS. O'SULLIVAN responded that the intent is to open the dialog
with doctors while including important consumer protection
components in the bill.
SENATOR WIELECHOWSKI asked if there have been cases where
doctors have apologized and had that used against them in court.
MS. O'SULLIVAN deferred the question to Mr. Wojcieszak.
1:50:16 PM
DOUG WOJCIESZAK, Founder of Sorry Works, the leading
organization teaching healthcare professionals how to talk with
families and disclose when things go wrong in a medical setting,
stated support for HB 250. He said that states that have apology
laws offer encouragement for doctors to talk with patients and
families when a medical event goes wrong. Data shows that these
laws improve communication in difficult situations, which is to
everyone's benefit. When something goes wrong from a known
complication or a true error, the best thing that can happen for
everyone involved is to sit down and have an adult conversation
about what happened and try to seek solutions. When doctors and
nurses don't communicate and instead choose to run away and
hide, consumers are more inclined to seek retribution through
the legal system.
Responding to Senator Wielechowski's question, he said a paper
that came out several years ago looked at that question but the
author couldn't find any cases. There have been times when trial
lawyers have tried to use it against doctors, but it usually
backfires because a doctor who apologizes doesn't appear to be
an unfeeling and uncaring human being. He reiterated his support
for HB 250.
1:53:40 PM
SENATOR MCGUIRE joined the committee. She disclosed that her
father is a surgeon licensed in the state of Alaska.
CHAIR COGHILL found no further testimony, questions, or comments
and solicited a motion.
1:54:54 PM
SENATOR DYSON moved to report HB 250, Version P.A, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR COGHILL announced that without objection CSHB 250(HSS) AM
was reported from the Senate Judiciary Standing Committee.
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