|Posted:||December 11, 2012 09:52 AM|
|From:||Senator Patricia H. Vance|
|To:||All Senate members|
|Subject:||Memo #1- Benevolent Gesture Legislation|
|In the near future, I plan to reintroduce SB 565 from last session which would make any benevolent gesture made prior to the commencement of a medical liability action by a health care provider, assisted living residence or personal care home inadmissible as evidence of liability or an admission against interest.
A benevolent gesture is any action that conveys a sense of apology, explanation, or compassion emanating from humane impulses. In an effort to reduce the number of lawsuits, more than half the states have already enacted laws excluding such actions as proof of liability. Studies have shown that a large percentage of patients and families may not have filed medical malpractice suits if given an explanation and an apology regarding the event.
Previous co-sponsors included Senators: SCARNATI, BAKER, KITCHEN, ORIE, BOSCOLA, ROBBINS, YAW, EARLL, RAFFERTY, PIPPY, BROWNE, D. WHITE, M. WHITE, FOLMER, VOGEL, BRUBAKER, WAUGH, PICCOLA and EICHELBERGER
Introduced as SB379