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.