Brief Description: Requiring notice of potential injuries resulting from health care.

Sponsors: Senate Committee on Health & Long-Term Care (originally sponsored by Senators Thibaudeau, Deccio, Jacobsen, Parlette, Kohl-Welles and Keiser).

Senate Committee on Health & Long-Term Care
House Committee on Judiciary

Background: Currently, health care providers and facilities are not required to inform patients of adverse incidents after they occur. Some providers and facilities are concerned that providing such information could increase their liability and as a result may refrain from informing patients about adverse incidents.

Summary: Hospitals are required to have policies to assure that, when appropriate, information about unanticipated outcomes is provided to patients, their families, or surrogate decision makers. Notification of unanticipated outcomes or an apology neither constitutes an acknowledgment or admission of liability, nor may it be introduced as evidence in a civil action.

Beginning January 1, 2006, the Department of Health must ensure the policy is in place when it performs its survey of the hospital.

Votes on Final Passage:

Senate      46   1
House      98   0

Effective: July 24, 2005