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SALT LAKE CITY (AP) -- Doctors might not want to rely on the bill passed by the Legislature that allows them to apologize and explain medical mistakes without it being used as evidence in lawsuits against them.
The bill sponsored by Sen. Dave Thomas, R-South Weber, passed easily over the objections of trial lawyers and a warning from the courts system.
Rich Schwermer, an assistant state court administrator and the courts' legislative liaison, said he warned Thomas during the session that the bill might not be upheld.
He said it changes rules of evidence, which are generally under the Utah Supreme Court's control, without following the proper procedure. Schwermer said the bill should have been a joint resolution passed by a two-thirds majority.
"The risk is that a court will find this statute unconstitutional because of the way that it's adopted," he said.
But Thomas said, "Simply because it's not in (court) rules doesn't mean it's going to get struck down."
He said other criminal laws and rules have been passed by lawmakers.
"If you took that to its ultimate conclusion you would be striking down most of the criminal procedures in the state," he said.
Nevertheless, Thomas said he plans to take the matter to a Utah Supreme Court rule-making subcommittee that had rejected the notion of carving out an exception for physicians before the session began.
"Hopefully ... they will understand that politics should be played in the Legislature, it shouldn't be played in the rule-making process in the judiciary," Thomas said.
(Copyright 2006 by The Associated Press. All Rights Reserved.)
