Lawmakers consider bill that would guarantee an apology couldn’t earn doctors extra punishments

‘I’m sorry’ bill may help reduce lawsuits

? A simple apology can go a long way toward reducing lawsuits, health care officials said Monday.

But the so-called “I’m sorry” bill came under strong questioning before the Senate Judiciary Committee.

Under Senate Bill 374, a doctor could express sorrow or concern over an event, such as an operation not turning out well, without that expression being admitted as evidence of liability for any civil claim.

Some 35 states have similar laws, and evidence is mounting that those statutes are reducing the number of malpractice claims and lawsuits.

But under SB 374, an admission of fault will remain admissible in a lawsuit.

That prompted a lot of questioning from Judiciary Committee members, who asked if an expression of regret also implied that a mistake was made.

“The only safe way for a defendant is to never say anything,” said state Sen. John Vratil, R-Leawood.

Cynthia Smith, a representative of the Sisters of Charity of Leavenworth, which runs several hospitals, urged the committee to amend the bill to ensure that expressions of regret couldn’t be admissible as evidence. She called the measure as it’s written now the “hugs” bill because doctors would be afraid to say anything.

But Gary White Jr., a plaintiff’s attorney, said that under the bill a doctor could apologize for an operation not going right without fear of that statement being used against him or her. But, he said, if the doctor said the operation went wrong because certain procedures weren’t followed, then that statement should be admitted during a trial to determine whether that was the truth.

The committee took no action on the bill.