‘Doctor Apology’ Bill Passes Senate, Heads To Governor

A doctor’s apology could not be used as evidence in a medical malpractice lawsuit under a bill headed to Governor Scott Walker’s desk.

The “doctor apology” bill has been introduced in one form or another every session since 2005, and the premise behind it is the same now as it was then. Wauwatosa Republican state Sen. Leah Vukmir says that without a law like this, health care providers are afraid to offer compassion to grieving families.

“That wall of silence prevents doctors, nurses and other health care providers from talking to patients and families at some of the most difficult times: at the death of their daughter, their son, their spouse, their loved one,” Vukmir said.

The bill would make a doctor’s apology inadmissible in court, but it goes beyond that. Democratic state Sen. Fred Risser of Madison noted it would cover any health care provider’s “statement, gesture or conduct” that expresses an apology, remorse or even fault.

“It’s going way too far. It’s an extremist bill,” Risser said.

It wasn’t just Democrats who opposed the bill. West Bend Republican state Sen. Glenn Grothman bucked his party to vote against it.

“It’s really hard to justify, and it’s not like we have a big problem with [medical malpractice] cases here,” Grothman said. “You’re going to the point where you almost say it should be impossible ever to win a [medical malpractice] case.”

Two Democrats sided with Republicans in supporting the plan, which is now on its way to Gov. Scott Walker’s desk. A spokesperson for Walker said only that the governor will evaluate the bill.