2nd Generation Apology/CANDOR Legislation in Georgia

Thirty-eight (38) plus states have some type of apology law on the books, what we call "1st Generation Apology Laws."  Most of these laws exclude expressions of empathy or sympathy from evidence in a civil proceeding, while a few states omit admissions of fault, guilt, etc.  None of these 1st Generation Apology Laws include language to encourage the development of actual disclosure programs. Instead, these laws make some physicians feel better about talking with families post-event and they have also provided a lot of publicity around the topic. 

Four states -- MA, OR, IA, CO -- recently passed 2nd Generation Apology or CANDOR Laws which, simply put, exclude certain statements and actions from evidence in civil litigation so long as healthcare organizations adopt some type of formal disclosure and apology program, including allowing families to be represented by attorneys.  These four states are attempting to encourage healthcare organizations to adopt formal disclosure and apology or CANDOR programs; they are providing incentives to encourage formalized transparency. Georgia is considering becoming the 5th state to have a 2nd generation apology law on the books.  

In late July, the Georgia legislature invited experts including Dr. Tim McDonald,, MD, JD, formerly of the University of Illinois Medical Center and now with RLDatix, Dr. Jean Martin, MD, JD with COPIC and the recently formed Candor Institute, Barbara Pelletreau, RN, MPH, VP of Patient Safety for Dignity Health, Doug Wojcieszak, MA, MS of Sorry Works, and others to testify about the benefits of Georgia HB 807 sponsored by Representative Sharon Cooper. The testimony was well received by the legislators and their study committee and can be seen here.  The Georgia CANDOR team is being led by Merrilee Gober, JD, RN and Dr. Florence LeCraw, MD.  Hopefully, the Georgia legislature will consider this legislation next January during their formal legislative session.  Moreover, we are hopeful other states will follow suit.    

We have always said what makes disclosure unique (versus tort reform, insurance reform, etc) is that no legislation action is needed to start a disclosure or CANDOR program. Indeed, most every healthcare organization that has successfully started a disclosure program has done so without any legislative action or benefits. Nevertheless, legislators around the country can encourage the development of disclosure or CANDOR programs. Georgia’s legislation can help greatly.   

Please share this e-mail with colleagues and let us know if you would like additional information.

Sincerely,

- Doug

Doug Wojcieszak, MA, MS, Founder and CEO
Sorry Works!
618-559-8168 (direct dial)
doug@sorryworks.net