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Assembly Deems Doctor’s ‘Sorry’ Not Actionable

Apology Alone Would Not Be Grounds For Lawsuit, If Bill Passes Senate

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A doctor’s apology to a patient would not by itself be grounds for a lawsuit under a bill that passed the state Assembly Tuesday night.

State Rep. Erik Severson (R-Star Prairie), himself a doctor, says it’s aimed at improving care for patients.

“It will open up communications between physicians and their patients. It is good for health care. It is good for the patients,” Severson said.

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But Rep. Dana Wachs (D-Eau Claire), an attorney, said the plan was giving doctors special treatment.

“You’re carving an exception to the evidence code that’s been in existence for hundreds of years for one class of folks,” Wachs said. “For one group, the rules apply differently.”

The plan cleared the Assembly on a voice vote Tuesday night, though there’s no telling whether it will also pass the Senate. Similar bills have died in previous legislative sessions.