Why Doctors Cannot Say ‘I’m Sorry’ In Pa.

The exodus of highly qualified surgeons from Pennsylvania has receded over the last decade following the huge disparity in the insurance rates they had to pay concerning much-lower rates in neighboring states. But the number of medical graduates from the city’s vaunted schools and teaching hospitals staying in this city continue to decline. The combination has meant continuing long lines and lengthy delays for patients needing specialty surgeons.

Underlining the continuing loss of top medical skills is Pennsylvania Medical Society’s Marilyn J. Heine, MD, a practicing oncologist and emergency-medicine specialist from suburban Philadelphia. She held a press conference to discuss a Harris Interactive Poll and the US Chamber Institute for Legal Reform findings which reaffirms what Pennsylvania physicians have known for many years and what other studies have suggested.

The US Chamber of Commerce survey of hundreds of major corporate lawyers has ranked Pennsylvania as having one of the worst lawsuit climates in the nation while corporation-friendly Delaware was the best. The chamber’s Institute for Legal Reform said Pennsylvania ranked No. 40 among the states when judged on the size of awards, administration of cases, competence of judges and rules permitting lawyers to choose favorable jurisdictions, among other criteria.

Dr. Heine said, “Pennsylvania’s lawsuit climate and Philadelphia’s courts need to improve for the benefit and fairness to all. When you look at this poll, in combination with data-related studies conducted by other organizations, Pennsylvania seems to always rank poorly. That’s not good for anyone, whether you’re a consumer or a business, since it builds an unfriendly and maybe hostile environment between the two parties.

“We’re not pointing fingers at any one specific group or profession.  Everyone is doing what they are allowed by law to do. What we are saying is that the law needs to be changed to improve the environment in which we all live. For example, if a physician says, ‘I’m sorry’ to a patient because of a bad outcome, that statement can be used as an admission of negligence. But bad outcomes don’t necessarily equate to negligence. Proper medical care could have been followed, but the results are less than what is normally expected.”

Dr. Heine continued, “Nonetheless, no doctor is ever surprised when a lawsuit develops out of a situation like this. It’s well known and proven statistically that an overwhelming majority of medical liability claims are dropped, dismissed, or found in favor of the defendant. So don’t be surprised that a case like that would also be dropped, dismissed, or found in favor of the defendant, but only after valuable time and money have been spent.”

She added, “Money wasted in unnecessary lawsuits is money that can’t be reinvested into health care. Many physician practices are small businesses. The economic impact of this money lost goes deep through the community.  Diverting this money from health care means practices may not be able to buy or upgrade equipment and supplies, or hire new staff. It means less charitable care can be provided. It hurts not only your care, but also your local community and economy. As a starting point to improve the health care climate in Pennsylvania, our legislature could adopt an Apology Rule that would allow a doctor to say ‘I’m sorry’ without it being used against him in a court of law as an indication of negligence.”

On behalf of doctors and patients, her society is calling on the General Assembly to pass an Apology Rule to allow better working relationships between a patient and a doctor.

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