New bill promotes apology, negotiations to handle errors

The measure gets the nod from obstetrician-gynecologists and New York State doctors, but medical groups continue to push for damage caps.

By David Glendinning, AMNews staff. Oct. 24/31, 2005.

Washington -- In an attempt to break the congressional deadlock over medical liability reform, two Democratic lawmakers have proposed a way for doctors and patients to address medical errors without resorting to lawsuits.

Sens. Hillary Rodham Clinton (D, N.Y.) and Barack Obama (D, Ill.) recently teamed up to introduce the National Medical Error Disclosure and Compensation Act of 2005. Based in part on state and private-sector initiatives, the legislation aims to reduce liability-related costs by heading off expensive lawsuits with apologies and financial compensation from doctors.

Physicians, hospitals, insurers and others who choose to enroll in the voluntary program would set up a system for identifying safety lapses and informing patients. The patients then could choose to participate in a negotiation process in which they would review compensatory offers from the physician or entity at fault. If someone rejects the offers and sues the doctor anyway, he or she would be unable to use the negotiation proceedings as evidence in court.

The proposal embraces the concept that early acceptance of responsibility by physicians who make mistakes often results in the patients deciding not to sue, Obama said.

"Across America, hospitals and medical providers are proving that there's a better way to protect patients and doctors, all while raising the quality of our care and lowering its cost," he said. "This legislation will help reduce medical error rates and medical malpractice costs by opening the lines of communication between doctors and patients -- encouraging honesty and accountability in the process and, most importantly, improving care."