HB 250-MEDICAL MALPRACTICE ACTIONS  1: 12:35 PM CHAIR KELLER announced that the first order of business would be HOUSE BILL NO. 250 "An Act making an expression of apology, responsibility, liability, 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." 1:13:47 PM DOUG WOJCIESZAK, Founder and President, Sorry Works!, said he works around the country with doctors, nurses, health care insurers, and legal professionals, teaching them how to disclose and, if necessary, apologize after something goes wrong in a medical setting. He noted that he has been doing this for over seven years. In 1998, he lost his brother to medical errors, and his family did not get disclosure or any communication, he explained. The family had to file a lawsuit to get any answers, and even after getting money and when the liability was clear, the doctors and the hospital still did not communicate with the family. He said he has taken that experience and now travels around telling the medical community that "if you don't want someone like me to sue you, here's what you need to do." He added that he takes people step-by-step through the process, and he works with defense and plaintiff counsel, hospital risk managers, hospital leadership, and others. 1:15:21 PM MR. WOJCIESZAK noted that he has reviewed HB 250 and has been in contact with the sponsor's staff. He said about 36 states have similar laws, and he has seen that the laws help doctors and nurses be more comfortable communicating with patients and families if something goes wrong. He said that, according to defense and plaintiff lawyers, the primary reason doctors get sued when something goes wrong is the total lack of communication. Families feel abandoned and left in the lurch because they want to hear from the doctor. Doctors will say that they are afraid to talk because it will be used against them in court, he stated. Bills, like HB 250, help people feel a little more comfortable and allow people like him to go out and have "the conversation with hospitals." The laws help the defense counsel get a little more comfortable allowing doctors to communicate. The big goal, he stated, is to make medicine safer. "When doctors talk more, systems get better, patients and families are safer, and society is better served," he opined. 1:17:37 PM REPRESENTATIVE GRUENBERG noted that he has cosponsored the bill, and he asked Mr. Wojcieszak if lawyers are afraid of getting sued for their own malpractice. MR. WOJCIESZAK said he has not heard that question, but his book was written with two defense attorneys. He said his message to defense counsel and doctors is that when something goes wrong, simply say, "Gosh Max, I'm sorry this happened to your mom; we're going to review to figure out what happened and then we'll get back to you in due process." 1:19:37 PM MR. WOJCIESZAK suggested there might be a case for legal malpractice if an attorney tells a doctor not to talk to a patient and then the doctor gets sued. He opined that many doctors have been poorly advised not to talk after something goes wrong, "and that's what leads to so many lawsuits." The general movement in the medical world is that it is better to talk. If the doctor goes too far and speculates or prematurely admits fault, "then we'll clean that up" with documentation and expert reviews. He said he has heard of doctors who say, "Sorry, I've killed your mom," and then a follow-up review shows no error. Some courts will consider the comments as hear-say, he stated. 1:21:38 PM ANNIE HOLT, Executive Director, Alaska Physicians and Surgeons, said her organization has 150 members and supports HB 250. Over 30 states have introduced such a law with the goal of empowering the patient/physician relationship and encouraging dialogue between the two, especially when there is an unanticipated outcome. Such outcomes may or may not be directly attributable to the physician's care. She noted that a genuine expression of sorrow by the physician can be misinterpreted, and physicians are concerned that it can increase their liability. In the best interest of physicians and their patients, this legislation would support open conversations and understanding of what happened without the specter of liability, she stated. 1:22:56 PM CHAIR KELLER closed public testimony. REPRESENTATIVE GRUENBERG said, "We had an amendment that would have put language about the civil rules; you raised a point in a conversation with [Representative Kurt Olson] and me on the floor. Your point was very well taken, and had I offered it, I would have offered it in a little different form, as a result of your conversation." 1:23:59 PM REPRESENTATIVE GRUENBERG moved to pass HB 250 out of committee with individual recommendations and accompanying fiscal notes. There being no objection, CSHB 250(HSS) was reported out of the House Judiciary Standing Committee.