123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Medical Malpractice Attorneys In Philadelphia Express Concern Over Medical Apology Laws

Profile Picture
By Author: Sue McCrossin
Total Articles: 739
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share


As more states create bills that protect physicians and health care providers from lawsuits based on information attained during an admissions of errors, medical institutions and health systems are putting together programs for disclosure following an adverse medical event. These programs specify procedures for doctors to follow when they perform mandatory disclosure of the events that preceded a medical error. The current Pennsylvania law mandates that patients and their family members receive written admissions of adverse medical events (explanation of the bill here.). However, the proposed legislation would make it easier for these facilities and institutions to express compassion after something goes wrong, while protecting them from lawsuits that result from information disclosed during this process.

The Pennsylvania House of Representatives passed HB 495 on Mar. 2, 2011 by a vote of 171-27. The Senate Judiciary Committee is now considering the bill, but some senators have stalled it and expressed concern about it. The bill is supposed to allow health care providers and patients a full and ...
... open conversation after an unforeseen outcome without fear that anything said by the provider would be used against him in a medical liability lawsuit.

Proponents of the bill suggest that since victims of medical malpractice still have the legal right to file a personal injury suit, regardless of the physician apology exception. Moreover they argue the bill places no limitation on the amount that can be recovered, and as such would only promote a more open discussion between the patient and medical provider.

However, the rules of evidence generally allow for admissions of anything leading to culpability to be admitted as evidence at trial. This bill is really not an issue of open discussion. Rather it is about creating an unnecessary exception to the Pennsylvania Rules of Evidence for physicians and medical institutions.

Why should a statement made by physician, admitting an error to a patient or family member, to be exempted from the rules of evidence? Why should the physician be shielded?

In a recent case, a lawsuit was filed and reported on by the Philadelphia Inquirer that would have had a different outcome if this bill passes. Ricardo Blake and Erica Allen-Blake, lost their six day old baby daughter Destinee LoToya Blake after a medical error occurred at Abington Memorial Hospital. Physicians and hospital staff explained the error and apologized during a state mandated disclosure meeting. A year later, the couple filed a lawsuit. Their attorneys were able to use the admissions of the medical providers received by the family at the meeting with the physicians and hospital staff as evidence in the case. They won their malpractice case.

The bill in the Pennsylvania legislature would make apologies inadmissible in medical malpractice cases, and protect the disclosure of what happened to cause the malpractice event.

Sue McCrossin is a freelance writer working with Mr. Stuart A. Carpey, a personal injury attorney Philadelphia to inform residents in Pennsylvania about the types of medical malpractice attorneys in Philadelphia can help victims with. To know more about personal injury lawyers Philadelphia visit our website.

Total Views: 200Word Count: 521See All articles From Author

Add Comment

Legal Articles

1. Bail Lawyer In Cyber Crime Case In Delhi – Advocate Deepak: Your Trusted Legal Partner
Author: Advocate Deepak

2. Chicago Personal Injury Lawyers
Author: Paul M. Marriett

3. The Bruner Law Firm
Author: Vince Bruner

4. Bail Lawyer In Cyber Crime Cases In Noida: Advocate Deepak
Author: Advocate Deepak

5. The Journey Of Lady Advocates In Chennai's Male-dominated Field
Author: Sonu Kumar

6. Best Cyber Crime Lawyer In Ghaziabad – Advocate Deepak
Author: Advocate Deepak

7. Revealed: Secret Strategies To Dominate Government Sales On Gem!
Author: Bidz Professional

8. What To Look For In An Experienced Ri Divorce Lawyer
Author: John Grasso

9. Everything You Need To Know Before Investing In Saudi Arabia
Author: jodonjo

10. Spousal Alimony In California: What It Is And How It's Decided
Author: Thomas D. Nares

11. Balancing Investor Protection And Industry Growth: Sebi Lawyers' Take On Investment Advisers’ Reforms
Author: Dev kumar

12. "transparent Processes: Building Public Trust Through Stringent Pcc Attestation Measures"
Author: shareeba

13. How To Open An Llc As A Saudi
Author: jodonjo

14. Navigating The Road To Recovery After A Minneapolis Truck Accident: Why A Local Attorney Is Key
Author: sussmanlaw

15. Uk Spouse Visa Explained: How To Join Your Partner In The Uk
Author: The SmartMove2UK

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: