Legislation that would have altered the evidentiary rule concerning apologies or expressions of regret in a medical malpractice liability case was defeated in the House Judiciary Committee. HB 147 would have allowed a health care provider to make an apology to a victim, or a member of a victim’s family, without fear of the statement being used as evidence in a malpractice case.

The Maryland Chamber supported this bill, which would have increased the likelihood of meaningful dialogue between health care providers and patients who have experienced bad outcomes from medical procedures. Such dialogue could lead to a better understand exactly what occurred during the procedure, and may result in fewer medical malpractice suits being filed.

View the Judiciary Committees vote on HB 147 here (pdf). Legislators who voted nay, supported the Maryland Chamber’s position in favor of this bill. A yeah vote was a vote to defeat the bill.