S.D. Panel Endorses Plan Allowing Doctors to Apologize

Doctors and other health care workers should be able to say they’re sorry without having their statements used against them in medical malpractice lawsuits, a South Dakota House committee recommended Saturday.

The measure would encourage doctors to talk with patients or patients’ families when treatment does not work out well, said Rep. Don Van Etten (R-Rapid City), the bill’s main sponsor. Communication between doctors, patients and family members often prevents malpractice lawsuits, he said.

“It just allows the medical provider to be able to say ‘I’m sorry,”‘ said Van Etten, a retired surgeon.

HB 1148 provides that if a doctor or other medical worker apologizes or offers to provide corrective treatment when medical care does not work out, those statements cannot be used to prove negligence in a medical malpractice lawsuit seeking damages for death or injury.

At the suggestion of lawyers, the committee also added language making it clear that if a medical worker makes a statement admitting wrongdoing, the bill would not prevent the use of that statement in court if the medical worker later claims not to be responsible.

The Judiciary Committee sent the measure to the full House for further debate.

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