Dive Brief:
- A new proposal in the Ohio General Assembly would allow physicians to acknowledge responsibility in a medical mishap without worrying about that conversation being used against them later in court.
- Ohio's legislation is similar to a bill pending in Congress. States with similar laws include Arizona, Colorado, Connecticut, Georgia, Massachusetts and South Carolina, said Tim Maglione, a lobbyist for the Ohio State Medical Association.
- The legislation, sponsored by Cincinnati Republican Rep. Peter Stautberg, expands Ohio's current "I'm Sorry" law, which already shields apologies by doctors. Nothing in the bill would prevent patients or families from suing after hearing apologies or other admissions, Maglione said.
Dive Insight:
Medical malpractice limitations is a tough issue, with trial lawyers and doctors presenting equally valid viewpoints—and it's no surprise that this particular bill is also opposed by trial attorneys who represent people injured by medical mistakes.
Physicians all over the country feel limited in the way they practice medicine, as malpractice threats are always looming. So the Ohio bill, passed the GOP-controlled state House along party lines last week and expected to get hearings in the Senate before the end of December's lame-duck session, definitely gives docs something to cheer about.
At the same time, medical malpractice victims bring up legit concerns that this kind of bill could lead to perjury as doctors who admitted mistakes during private conversations won't have to confirm such conversations under oath in a courtroom.
Want to read more? You may enjoy this story on the California Supreme Court's decision to take on the malpractice cap issue.