The Arizona House Try New Approach to the Problem of Medical Malpractice - February 17, 2005

To avoid the costs associated with a medical malpractice lawsuit, Arizona has a unique approach. A bill was proposed by Sen. Carolyn Allen , R-Scottsdale that would make it easier for a doctor to say " I'm sorry" when there was a problem with a procedure. The desired result is that fewer patients will file medical malpractice lawsuits in Arizona.

Senate Bill 1036 allows doctors and other medical professionals to simple say, "I'm sorry" without their apology being an admission of guilt in a court of law, and consequently avoiding evidence of liability. Six other states have passed similar legislation. (See Arizona Medical Malpractice listing of lawyer referrals)

The hope for this bill as in the other states is the belief that a simple apologetic gesture with satisfy many disgruntle patients. And that people realize that most doctor try their best and that medicine is not an exact science. Doctors make mistakes just like other professionals.

The Arizona Trial Lawyers Associations back the "I'm sorry" part of the legislation, but have problems with other parts of the bill. Their problem is with two provisions in Bill 1036. One prescribes qualifications for expert witnesses in medical malpractice and vulnerable adult abuse cases. The other issue is with a provision that allow defense attorneys to meet with attending doctors to talk about a patient's case without the patient's knowledge.

According to JoJean Mills, past president of the Arizona Trial Lawyers Association and a medical malpractice attorney in Tucson, by allowing the legislature to establish qualifications for expert witnesses the bill in effect will prohibit many qualified doctors from testifying in medical malpractice cases.

Furthermore, she believes the bill is unconstitutional since the legislative branch of government would be setting rules that should be the jurisdiction of the judicial branch.

This bill was requested by the Arizona Medical Association and MICA, the stat's largest provider of medical malpractice insurance in Arizona.