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.