Bill would re-open communication between doctors, patients
Since voters approved medical malpractice reforms in 2004, physicians' insurance premiums have stabilized, easing a burgeoning health care crisis. And not only are doctors no longer fleeing Nevada for less-litigious environs, Nevada State Medical Association Executive Director Larry Mathias says the state is actually attracting needed physicians from all over the country.
This relief, however, hasn't made doctor-patient relationships any less toxic. Physicians still have to practice defensive medicine, ordering all manner of tests to eliminate the chance of a misdiagnosis. If a physician gets the slightest hint that a patient wants to file a lawsuit, he'll be the first one to "lawyer up."
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In the event that a mistake was made in treatment, a doctor certainly won't make the mistake of apologizing.
"You're taught in schooling to keep your mouth shut," says state Sen. Joe Heck, R-Henderson, a physician by trade. "If you say, 'I'm sorry,' you might as well write the check. During a deposition, the first words out of plaintiff's attorney's mouth will be, 'You admitted to my client that you made a mistake?' "
The constant threat of litigation has the effect of chilling communication between doctor and patient. Patients who don't get answers to their questions, or who feel their physician is being rude or cold, get angry. And angry patients tend to hire lawyers -- and sue.
So Sen. Heck has submitted Senate Bill 174, which would allow doctors and other health care workers to apologize or offer sympathy in the event of wrongdoing without having the statement used against them in court.
A doctor could say, "I'm sorry," and the patient wouldn't lose the right to bring legal action.
Twenty-nine states have enacted laws that exempt apologies and expressions of sympathy as proof of liability. And in removing the gags from their doctors, many of these states have seen another benefit: an actual reduction in the number of malpractice lawsuits filed against health care providers.
Senate Bill 174 would go a long way toward restoring a measure of good will to health care. And trial lawyers have no specific objections to the proposal (aside from costing them clients).
The Nevada Legislature should pass Senate Bill 174.
