New Jersey Assembly Bill A1645

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Clarifies that apologies by health care facilities and professionals to patients or their representatives for adverse events disclosed under "Patient Safety Act" are excluded from discovery and inadmissible in legal actions involving facilities and professionals.

Impact

If enacted, A1645 would amend existing statutes related to the discoverability of apologies made by healthcare professionals and facilities when adverse events occur. This amendment would directly impact how legal actions against healthcare providers are conducted, as it limits the admissibility of certain apologies. The bill’s provisions are expected to foster a more cooperative environment for addressing healthcare errors and improving patient safety practices without the constant threat of litigation hanging over providers' heads.

Summary

Assembly Bill A1645 aims to clarify the legal protections for apologies made by healthcare facilities and professionals under the Patient Safety Act. The bill states that apologies and expressions of regret concerning adverse events disclosed under the Patient Safety Act cannot be used as evidence in legal proceedings against these healthcare entities. This provision seeks to encourage transparency and open communication between health care providers and patients by promoting a culture of safety and accountability within healthcare settings. The overall intent is to reduce the fear of legal repercussion for healthcare professionals when disclosing adverse events, which in turn may lead to improved patient safety practices.

Contention

Notably, the bill may draw criticism concerning the balance between patient rights and provider protections. Some stakeholders may argue that while the intention behind the bill is to promote transparency, it could inadvertently shield gross negligence or misconduct by providing an avenue for healthcare providers to avoid accountability. Existing checks and balances in the legal framework would still need to be considered to ensure that patient safety is prioritized without compromising rights in instances of severe provider negligence.