Legislature(2013 - 2014)BELTZ 105 (TSBldg)
04/14/2014 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB366 | |
| HB140 | |
| HB127 | |
| HB250 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 366 | TELECONFERENCED | |
| *+ | HB 140 | TELECONFERENCED | |
| + | HB 127 | TELECONFERENCED | |
| + | HB 250 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 250-MEDICAL MALPRACTICE ACTIONS
2:53:55 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 first hearing and
CSHB 250(HSS)am was before the committee.]
2:54:27 PM
ERIKA O'SULLIVAN, Staff, Representative Kurt Olson, Alaska State
Legislature, Juneau, Alaska, introduced herself.
2:56:11 PM
MIKE HAUGEN, Executive Director, Alaska State Medical
Association, Anchorage, Alaska, testified in support of HB 250.
He stated that physicians feel that open communication with
their patients is vital to ensure the best possible healthcare
outcomes. The fear of being sued can hinder open communication
and HB 250 seeks to address those concerns by making expressions
of sorrow, sympathy or apology inadmissible in a medical
malpractice case. He opined that it was appropriate to draw a
line between an admission of liability and an expression of
apology or sympathy.
MS. O'SULLIVAN addressed the intent of HB 250 paraphrasing the
following from the sponsor statement:
HB 250, also known as the "benevolent gesture" or "I'm
Sorry" bill, would render expressions of apology or
sympathy by a health care provider to a patient
related to an unanticipated outcome of treatment
inadmissible as evidence in a medical malpractice
case.
The bill is intended to clear up the gray area which
now exists between apologies and admissions of
neglect. The goal of HB 250 is to improve doctor-
patient relationships, especially in cases ending with
a less-than-favorable outcome. It is not negligence,
but rather a failure in communication between the
provider and patient, that often results in
malpractice lawsuits.
HB 250 aims to improve the climate of communication,
disclosure and analysis. Similar legislation has
already passed in over 30 states. This legislation
will enable health care providers to better fulfill
their moral and ethical responsibilities to patients
and their families through expressions of compassion
and sympathy without fear of retribution in the form
of a lawsuit.
CHAIR COGHILL noted that the terms "liability" and
"responsibility" were removed.
2:59:05 PM
SENATOR WIELECHOWSKI asked if it would be admissible if a doctor
apologized for leaving a sponge in a patient's stomach during an
operation.
MS. O'SULLIVAN said not necessarily, and directed attention to
subsection (b) on page 2, lines 18-22. The subsection is
intended to add scrutiny to a statement of apology or sympathy
that's made in conjunction with an admission of negligence or
liability. The apology is inadmissible but not necessarily the
admission of negligence or liability.
SENATOR WIELECHOWSKI mused that the apology would be
inadmissible but the admission of leaving a sponge in the
patient's stomach would be admissible.
MS. O'SULLIVAN responded that it potentially would be
admissible. Responding to a further query about apologizing for
leaving a sponge behind, she restated that the intent is that an
apology is not admissible.
CHAIR COGHILL stated he would hold HB 250 for further
consideration.