We had a good amount of interest from the Kansas legislators about our bill to require disclosure of unanticipated medical outcomes and harmful medical errors. But it didn’t receive a committee hearing this 2015 session, so the bill is on hold until January 2016.
(And I just realized I haven’t posted anything for three months. I attribute that to the current phase of my life: just-finished-PhD-and-now-looking-for-job.)
My mother had several productive meetings at the Kansas Statehouse this week. Our (slightly revised*) bill should be introduced into both the House and Senate in the next few weeks.
Here is the one-page handout I created that summarizes why the bill is needed. It also answers several commonly asked questions.
* In an effort to focus our bill on the topic we care about most (requiring disclosure of unanticipated medical outcomes and harmful medical errors), we decided to drop the section that provided “apology protections”. If another group wants to argue for that, we will leave that task to them.
As I reported in this post, my mother and I testified before the Kansas House Committee on Judiciary about our bill (HB 2376) to require disclosure of harmful medical errors and unanticipated outcomes. Also heard that day was an apology bill that would alter rules of evidence in malpractice cases. The committee chair (Lance Kinzer) decided to have the committee work on the apology bill last Monday, but not our bill. My mother traveled back to Topeka to be present for that meeting.
I asked my mother to listen for two things: (1) what problem the committee thought they were addressing with the apology bill, and (2) how often the discussion mentioned physicians and patients. My position is that this bill could address only two types of problems: Either there is a problem of inappropriate evidence being used in malpractice cases (and then I would expect to see examples of this inappropriate evidence brought up during their discussion), or it is a problem that many other states have these types of laws but Kansas does not—causing Kansas to look deficient in legislative output (and the bill will correct this deficiency by adding one more state statue). This bill does nothing to ensure that patients are informed about medical errors. That would require a disclosure bill, such as HB 2376. And of course and it does nothing to help prevent those errors.
In an earlier post I wrote about the experience of providing testimony before the Kansas House Committee on Judiciary about my family’s bill (as well as testimony against HB 2523, an apology bill). In this post I look at the testimony presented by other groups about these two bills.
No group supported our bill. I was not surprised by this, because there is something in it for everyone to dislike. Continue reading
In my last post I wrote about the experience of testifying before the Kansas House Committee on Judiciary about my family’s bill. In both my written and oral testimony I posed a critical question: Do patients have the right to know about unanticipated medical outcomes and harmful errors that occur in their care?
If patients do not have this right, then our bill has no basis. And if patients do not have this right, then patients need to realize this. So I asked that a new law be written that would require this sign to be displayed at every public entrance of every healthcare facility in the state: Continue reading
Last Monday my mother and I testified before the Kansas House Committee on Judiciary in support of our bill that requires disclosure of harmful medical errors to patients (and it also protects disclosure conversations from use as evidence of fault in court).
Testimony was heard on two bills during the hour-and-a-half hearing. HB 2523 (an apology protections bill) was heard first. Our bill was heard second. Continue reading
Our bill was transferred from the House Committee on Health and Human Services to the Committee on Judiciary. It is on the agenda for the 3:30 pm hearing on Monday, February 10. There are two bills on the agenda, the other one being an apology protection bill (HB 2523).
So I will be making a quick trip to Kansas to testify.