Corrections
In my earnest efforts to improve the lives, illnesses, and deaths of anyone in the health care system I have had to share a rather personal story. All I have of my son is his memory. Yes, I am among the lucky bereaved parents that have surviving children. For each of them, there are memories about their births, illnesses and lives that will remain private. It is for our family to treasure. When my son died as a result of multiple preventable medical errors, negligence and sentinel events, I searched to hold onto everything that had his name or "print" on it. He never came home. So, all I had was whatever the hospital kept. Of course, I asked for his records. Why wouldn't I?
That began a legal odyssey that wasn't intended at the outset.
His memory became a legal argument. It became public information.
Ironically, in buying back the right to speak about his life and death by refusing a $750,000 settlement with a gag order, I unwittingly gave James over to the public domain to utilize at will.
Pennsylvania is considering a new law that would grant immunity to any medical provider who expressed an apology or benevolent gesture after a medical error. In seeking to share this news Pennsylvania citizens should debate a WHYY reporter interviewed me. Well, I had a feeling it wouldn't go right.
The reporter stated my son died in a Pennsylvania hospital. He did not.
Just a snippet of our conversation was utilized. Context was not shared. So, I am back to using names of my son's providers to ensure accurate representation.
When I heard about this law it left me in a quandry:
Has there been a case in PA in which a PA medical provider made a medical error, disclosed it in full to the patient, was then sued based on the apology discussion AND the case then went to trial AND the jury held the provider responsible for the error he apologized for??
Isn't there over seven years of PA specific data that shows that the rates of medical malpractices has rapidly declined to around 1300-1400? While at the same time there is between 300,00-400,000 reported sentinel events each year? (PA PSA Annual report 2007)
I also wonder, is there anything in this law that stipulates the patient receiving the apology has the right to a FULL complete unaltered set of medical records?
Why do we allow our rights to so easily be legislated away just because we have not had need to exercise them? Everyone is a potentially injured patient. Who knows when it will be you or a loved one whose life has been lost or irrevocably damaged? What will you need then?
You can google my name and find that I fully support and encourage patient & physician trustful & communicative relationships. This bill does not support that notion. It also does nothing to help the high medical malpractice premiums physicians in PA pay.
Its late and I need to get rest before I am back in class tomorrow. It's been a long battle back to focus, meaning and hope. Even if I had received an apology I always would have needed to know exactly what happened. I am very concerned this Bill will cause patients the ability to find out their answers AND it wont keep the insurers from raising the premiums on competent, ethical and safe doctors too.
That began a legal odyssey that wasn't intended at the outset.
His memory became a legal argument. It became public information.
Ironically, in buying back the right to speak about his life and death by refusing a $750,000 settlement with a gag order, I unwittingly gave James over to the public domain to utilize at will.
Pennsylvania is considering a new law that would grant immunity to any medical provider who expressed an apology or benevolent gesture after a medical error. In seeking to share this news Pennsylvania citizens should debate a WHYY reporter interviewed me. Well, I had a feeling it wouldn't go right.
The reporter stated my son died in a Pennsylvania hospital. He did not.
Just a snippet of our conversation was utilized. Context was not shared. So, I am back to using names of my son's providers to ensure accurate representation.
When I heard about this law it left me in a quandry:
Has there been a case in PA in which a PA medical provider made a medical error, disclosed it in full to the patient, was then sued based on the apology discussion AND the case then went to trial AND the jury held the provider responsible for the error he apologized for??
Isn't there over seven years of PA specific data that shows that the rates of medical malpractices has rapidly declined to around 1300-1400? While at the same time there is between 300,00-400,000 reported sentinel events each year? (PA PSA Annual report 2007)
I also wonder, is there anything in this law that stipulates the patient receiving the apology has the right to a FULL complete unaltered set of medical records?
Why do we allow our rights to so easily be legislated away just because we have not had need to exercise them? Everyone is a potentially injured patient. Who knows when it will be you or a loved one whose life has been lost or irrevocably damaged? What will you need then?
You can google my name and find that I fully support and encourage patient & physician trustful & communicative relationships. This bill does not support that notion. It also does nothing to help the high medical malpractice premiums physicians in PA pay.
Its late and I need to get rest before I am back in class tomorrow. It's been a long battle back to focus, meaning and hope. Even if I had received an apology I always would have needed to know exactly what happened. I am very concerned this Bill will cause patients the ability to find out their answers AND it wont keep the insurers from raising the premiums on competent, ethical and safe doctors too.
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