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SALT LAKE CITY (AP) -- Doctors' efforts to apologize and explain to patients what went wrong in their treatment could not be used as evidence in malpractice claims under a bill that advanced in the Legislature.
The bill sponsored by attorney and Sen. Dave Thomas, R-South Weber, was approved Thursday by the Senate Judiciary, Law Enforcement and Criminal Justice Committee.
SB41 would protect any physician's "statement, affirmation, gesture, or conduct" expressing "apology, sympathy, commiseration, condolence, compassion; a general sense of benevolence; or describes: the sequence of events relating to the unanticipated outcome of medical care; the significance of events; or both."
Thomas said he has already modified the bill following summer debate and input from groups including the Utah Trial Lawyers Association.
Sen. Al Mansell, R-Sandy, asked whether the legislation would dramatically change things for plaintiffs' attorneys. With or without a physician's explanation to go on, they must still investigate and find support for their clients' case, he said.
Attorney Charles Thronson of the lawyers' group said, "The problem is (doctors) could say that to the patient, hoping there would be no litigation filed. If there is litigation filed, they can sit in a deposition under oath and say, 'I never said that' and there's not one thing we can do about it. That central issue is the problem we have with this."
(Copyright 2006 by The Associated Press. All Rights Reserved.)
