Governor Tom Corbett signed Senate Bill 379 into law last week. Known as the “Apology Rule,” S.B. 379 allows healthcare providers to apologize or make compassionate gestures without fear of those statements or gestures being used against them in any potential medical malpractice litigation.
Before reaching the governor’s desk the bill, sponsored by Senator Pat Vance (R-Cumberland), passed the House by a 202-0 vote after previously passing the Senate 50-0.
S.B. 379 states that 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 is inadmissible as evidence of liability or an admission against interest.
A “benevolent gesture” is defined by the law as “any action, conduct, statement or gesture that conveys a sense of apology, condolence, explanation, commiseration or compassion emanating from humane impulses.” However, any statement of “negligence or fault” is still admissible as evidence, even if it is given as part of an apology.
Supporters of the bill said the purpose of the new law is to enable doctors who feel grief over a medical outcome to fully express their feelings of regret and sympathy toward the patient or their loved ones.
Thirty-six other states have similar laws, with many showing some effectiveness in resolving conflict and preventing litigation.
S.B. 379 represents another component of Governor Corbett’s “Healthy Pennsylvania” plan. On October 16, 2013 the governor also signed into law legislation to reauthorize the Children’s Health Insurance Program (CHIP) and eliminate a six-month waiting period many children had to endure before getting health insurance coverage.