Title: An act relating to injuries resulting from health care.

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).

Hearing Date: 3/31/05

Staff: Edie Adams (786-7180).

Background:

Each hospital is required to inform the Department of Health when certain events occur in its facility. These events include unanticipated deaths or major permanent losses of function; patient suicides; infant abductions or discharges to the wrong family; sexual assault or rape; transfusions with major blood incompatibilities; surgery performed on the wrong patient or site; major facility system malfunctions; or fires affecting patient care or treatment. A hospital must report this information within two business days of the hospital leaders learning of the event. A hospital is not required to disclose unanticipated outcomes to patients.

In 2002, the Legislature passed legislation that makes expressions of sympathy relating to the pain, suffering, or death of an injured person inadmissible in a civil trial. A statement of fault, however, is not made inadmissible under this provision.

Summary of Bill:

Hospitals are required to have in place policies regarding disclosure of information about unanticipated outcomes to patients, their family members, or their surrogate decision makers when appropriate. A notification of an unanticipated outcome does not constitute an acknowledgment of liability. In addition, the fact or content of a notification and any statement or gesture of apology are inadmissible as evidence in a civil action.

The Department of Health is required to ensure that hospitals have in place policies regarding disclosure of unanticipated outcomes.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.