Last week, two Maryland senators re-introduced a bill aimed at excluding any apology from a health care provider to a patient following the rendering of care in a subsequent medical negligence/malpractice trial.  Presently, in Maryland, if a health care provider extends an apology for an adverse result or expresses regret, those statements may not be used against the health care provider in a civil trial, with one exception.  That exception is triggered if, in making the apology or statement of regret, the health care provider also admits wrongdoing or negligent care.  In such a circumstance, a patient may use that statement of guilt against the physician of a subsequent trial.  The bill proposed by the two Maryland senators seeks to eliminate that exception. 

Two competing interests are at heart in the debate over this proposed bill.  On the one hand, physicians argue that if open communication between the physician and patient is encouraged; i.e., allow the doctor to say he made a mistake, the end result will be fewer lawsuits and legal fees.  On the other hand, advocates for patients argue that the current law does more than enough to protect health care providers and insulate them from liability for their humanistic response to an medical error; i.e., a statement of regret or apology.  Patient's advocates argue that doctor's should be truthful with their patients regardless of a bad outcome or the potential for liability, and that a law further shielding health care providers from liability for these statements unfairly prejudices the injured patient even further. 

Of note, similar bills were introduced in the Maryland legislature in 2008 and 2009, both of which were ultimately rejected.