Skip to Content


SENATE DOCKET, NO. 1002         FILED ON: 1/17/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1010

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James B. Eldridge

_______________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act clarifying the reporting of medical liability claims.

_______________

PETITION OF:

 

Name:

District/Address:

James B. Eldridge

Middlesex and Worcester


SENATE DOCKET, NO. 1002        FILED ON: 1/17/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1010

By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1010) of James B. Eldridge for legislation to clarify the reporting of medical liability claims.  Public Health. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act clarifying the reporting of medical liability claims.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              SECTION 1. Section 5 of chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “years.”, in line 78, the following sentences:-

              Provided, however, that payments made as part of a disclosure, apology and early offer program, shall not be construed to be reportable against a physician identified during the root cause analysis conducted as part of a disclosure, apology and early offer program, absent a determination of substandard or unreasonable care rendered on the part of said physician. For purposes of this section a disclosure, apology and early offer program shall be a program that seeks to expedite resolution of incidents of medical injury by disclosure to patients and families when unanticipated adverse outcomes of care occur; investigate and explain what happened; implement systems to avoid recurrence of incidents and improve patient safety; and where appropriate, apologize and offer financial compensation without the patient having to file a lawsuit. 

              SECTION 2. Section 5C of said chapter 112, as so appearing, is hereby amended by inserting after the word “insured.”, in lines 9-10, the following subsection:-

                            (d)  Provided, however, that payments made as part of a disclosure, apology and early offer program, shall not be construed to be reportable against a physician identified during the root cause analysis conducted as part of a disclosure, apology and early offer program, absent a determination of substandard or unreasonable care rendered on the part of said physician. For purposes of this section a disclosure, apology and early offer program shall be a program that seeks to expedite resolution of incidents of medical injury by disclosure to patients and families when unanticipated adverse outcomes of care occur; investigate and explain what happened; implement systems to avoid recurrence of incidents and improve patient safety; and where appropriate, apologize and offer financial compensation without the patient having to file a lawsuit. 

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Error