Bill: Doctor’s ‘sorry’ no grounds to sue

A small, yet critically important, bill for physicians and patients is slowly gaining traction in the legislature. Senate Bill 31, which prohibits the rules of evidence to include expressions of sympathy in medical-malpractice actions, has major implications for how medicine is practiced in Kentucky.

In medical school, we memorize countless facts, read tirelessly about diseases and learn thousands of terms and acronyms. Yet, the most important two words to say to patients were taught to us by our grandparents. Those two words? “I’m sorry.”

Like the stethoscope and antibiotics, “I’m sorry” is an integral part of medicine. Whereas white coats, medical jargon and sterile environments build walls between the patient and provider, “I’m sorry” tears them down. Like the stethoscope, it allows us to learn more about the patient.

When an elderly man arrives in the emergency department with difficulty breathing, saying “I’m sorry” is often all it takes for him to feel comfortable providing his medical history. When the same patient arrives with a sudden, unpredictable side effect from a blood pressure medication, saying “I’m sorry” humanizes the physician, helps the patient realize that we are all working together, and leads to quality long-term care.

Unfortunately, this phrase is fodder for litigation.

As the law stands now, saying “I’m sorry” can be viewed as a direct confession of guilt and can be used against you in court. This makes physicians practice an impersonal, defensive form of medicine that is not in the best interest of the patient.

While 36 states have provided protection to expressions of sympathy, Kentucky has not.

As a trainee, this is vexing. Do I want to practice in a state where I am in constant fear of having my words used against me? Do I want to practice where I’m not able to provide the best care that I am capable of?

Furthermore, studies have shown that prompt disclosure of medical errors decreases the number of medical-malpractice suits filed, and decreases settlement costs. This shows that many unfortunate victims of a medical error don’t want retribution — they want reconciliation.

They want a doctor who is on their team, who is open and honest. Our current legislation discourages physicians from practicing the type of medicine that serves them best, and thereby pushes families to litigate who would otherwise not choose to do so. That is why this proposed legislation is so important. It gives protection to the most fundamental tenets of medicine, and allows medical students like me to become the physician our patients need.

This story was originally published February 23, 2016 at 6:33 PM with the headline "Bill: Doctor’s ‘sorry’ no grounds to sue."