For Immediate
Release: May 19, 2004
Audio Clip
Rep. Jari Askins and Sen. Mike Morgan
‘I’m Sorry’ Provision Could Lower
Malpractice Insurance Costs
Tort Reform Committee Chairpersons Cite
Wall Street Journal Story
The special joint House-Senate Committee on Tort Reform
has already adopted a provision lauded by medical professionals
in a front page story in Tuesday’s Wall Street Journal
as the most effective tool at stemming malpractice lawsuits.
The “I’m sorry” provision allows doctors
and other health care professionals to apologize to patients
and their families – in the event of an undesirable
medical outcome – without fear that the apology can
be used against them in a future lawsuit.
“We felt it was reasonable for physicians in Oklahoma
to be able express their human emotions to their patients
without having to fear that any apology would come back
to haunt them in court,” said committee Co-Chairman
Senator Mike
Morgan, D-Stillwater.
“The story in yesterday’s Wall Street Journal
just emphasizes that saying ‘I’m sorry’
can actually deter some people from filing suit,”
said Co-Chairwoman Representative Jari
Askins, D-Duncan. “One medical professional quoted
in the Journal said nothing is more effective in reducing
liability than ‘an authentically offered apology.’
Some even suggest it could be the best solution to curbing
increasing jury awards in medical malpractice cases and
the rising cost of malpractice insurance.”
For decades, Morgan said, medical professionals have been
encouraged to “defend and deny” in cases where
patients or their families might file malpractice suits.
The laws just haven’t been on their side. According
to the Wall Street Journal story, two states, Oregon and
Colorado, have already adopted specific laws allowing apologies
– laws much like the ‘I’m sorry’
provision in House Bill 2661.
“Doctors have human emotions like the rest of us and
are often tormented by having to fear legal reprisal if
they express those feelings in an apology,” Morgan
said. “It’s apparent, however, that apologizing
is good for more than the doctor’s soul. It actually
convinces some people not to file suit.”
Morgan and Askins said the “I’m sorry”
provision of the bill is just one of the many reforms already
adopted by the committee, which is continuing to meet almost
daily to write the final version of the bill.
“The process is moving along very well. We have some
difficult work ahead of us, but I’m confident the
committee will complete its work in plenty of time for floor
votes on House Bill 266l in the final week of the session,”
Askins said.
“Some people continue to criticize the process, but
we’re doing exactly what we said we would do. We held
15 hours of public hearings and have been using the information
we gathered from the testimony of 40 witnesses to write
the bill in open meetings,” Morgan said. “Critics
say we’re not serious about tort reform. But I think
the fact that we’ve already adopted a provision that
the Wall Street Journal reports could be the real answer
to slowing the increase in malpractice insurance rates shows
that we’re very serious and that we’re on the
right track.”
“To criticize the process now does more harm that
good. The committee is working towards the same goals as
in the beginning, to craft a proposal that will work for
Oklahoma,” Askins said.
“At this point, those working against us are the real
enemies of meaningful lawsuit reform,” Morgan said.
For
more information contact:
Senate Communications Office -
(405) 521-5774
