Pennsylvania Adopts Benevolent Gesture Legislation

Health care providers in Pennsylvania may soon provide patients and their families with apologies and explanations for injuries and unexpected outcomes occurring during medical treatment, without fear that this information may be used against them in a subsequent lawsuit. This may make health care providers more comfortable when having frank discussions with patients and their families, but the effect of this change is uncertain. The Pennsylvania legislature has passed, and Governor Tom Corbett has signed, Senate Bill 379. SB 379, titled the “Benevolent Gesture Medical Professional Liability Act,” makes certain “benevolent gestures” inadmissible in court as evidence of malpractice.