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The Benevolent Gesture Act

By Edward Shensky on March 10, 2015
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In 2013, the Pennsylvania legislature passed “The Benevolent Gesture Medical Professional Liability Act”, which is colloquially referred to as “The Apology Law”.  This statute allows a health care provider to apologize to a patient for a mistake or perceived mistake, or a bad outcome, without fear that the apology will be used against the health care provider in a medical malpractice lawsuit.  As long as the apology or benevolent gesture is not made after the lawsuit has been filed, or the apology is not also a statement of negligence or fault, it cannot be later used against the health care provider, in a court of law.

One of the intended results of the law was to lower the number of medical malpractice lawsuits filed, however, it has had little or any effect with regard to this statistic so far.

Photo of Edward Shensky Edward Shensky

Edward S. Shensky is a Shareholder and member of Stark & Stark’s Accident and Personal Injury Group. Mr. Shensky focuses his practice on complex injury, medical negligence and construction accident claims.

Read more about Edward ShenskyEmail
  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Pennsylvania Law Monitor
  • Organization:
    Stark & Stark
  • Article: View Original Source

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