“I’m Sorry” Laws Differ in Each State

As the “I’m Sorry” movement gains momentum, more institutions and health systems across the country are implementing adverse event disclosure programs.

The Doctors Company supports these programs and encourages participation by its insured physicians who practice in facilities with a structured organizational disclosure program. Because each program is governed by the laws of its state, we believe that every physician must also become familiar with the legislation in his or her individual state.

The list of states that have adopted “I’m Sorry,” or apology, laws is growing, but physicians should be aware that there are subtle differences among the individual state laws. For example, according to the Sorry Works! Coalition Web site, www.sorryworks.net, Pennsylvania, Florida, and Nevada laws have mandates for written disclosures of adverse events/bad outcomes to patients and their families.

One law passed recently in Washington State grants immunity if the apology is given within 30 days after the incident; if the apology occurs after that, the extent of legal protection is questionable. The State of Colorado is exceptional in that it also makes “admissions of fault” inadmissible in a court of law. Most “I’m Sorry” legislation limits evidentiary protections. For example, under the California statute, the inadmissibility of apologetic or sympathetic statements applies only to statements made to the patient or family members, as opposed to friends or other persons.

It is extremely important that each physician understand the apology laws in his or her state. As always, we are available to our insureds to answer any questions, so please feel free to call your regional patient safety/risk manager in the Department of Patient Safety at (800) 421-2368, extension 1243, for assistance.

For additional details on event disclosure programs, please read our article “Physician Disclosure of Adverse Events” in second quarter 2006 issue of The Doctor’s Advocate.

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