Coming late to the party, Ontario considers saying "sorry"

When it comes to apologizing, three provinces are already way ahead of Ontario -- but one legislator wants to change that.

Ontario Liberal MPP David Orazietti proposed new legislation on Tuesday to give the province its own version of the Apology Act. Similar laws are already in effect in BC, Saskatchewan and Manitoba, to permit doctors, nurses and others to apologize for adverse events and medical errors without incriminating themselves of malpractice in court.

"The Apology Act would enhance the dispute resolution process by allowing all Ontarians to communicate genuine compassion, sorrow and regret for a mistake without worrying that it could later be used against them in civil court," Mr Orazietti said in a press release announcing the legislation. "Other jurisdictions that have implemented this type of legislation have seen a reduction of pressure on their civil courts as well as reduced costs to public institutions, such as hospitals."

You can read the full text of Mr Orazietti's Bill 59 here.

Bill 59 has already been endorsed by essentially all the major healthcare and legal groups in the province, including the Canadian Patient Safety Institute, the Ontario Medical Association, the College of Physicians and Surgeons of Ontario, the Ontario Bar Association, the Ontario Hospital Association, the Registered Nurses Association of Ontario and more.

There hasn't been any debate on the bill in the Ontario Legislative Assembly yet. In fact, Mr Orazietti's introduction of the legislation on Tuesday was abruptly cut short for some reason:

Mr. David Orazietti: I beg leave to introduce a bill entitled the Apology Act

The Speaker (Hon. Steve Peters): Is it the pleasure of the House that the motion carry? Carried.

First reading agreed to.

The Speaker (Hon. Steve Peters): The member for a short statement?

Mr. David Orazietti: The bill provides an apology made to or on behalf of a person in relation to any civil matter and does not constitute an admission of fault or liability by the person or an acknowledgement of liability in respect of a claim in relation to the matter, and does not affect the insurance coverage available to the person making the apology, and is not admissible in any civil proceeding.

Similar legislation has been passed in three Canadian provinces and 35 US states. The initiative is important as it would allow people to communicate compassion--

The Speaker (Hon. Steve Peters): Thank you.

Hopefully the provincial parliament will get a chance to review the legislation soon, although it sounds already as though the opposition parties may be open to the idea, according to this Canadian Press article.

I wrote about Canadian apology legislation in last month's issue of the National Review of Medicine. Here's an overview of the current situation across the country, from my article:

Apology protection laws across Canada

British Columbia Canada's first Apology Act passed in April 2006 - but only after the law's sponsor found himself forced to apologize to opposition members of the legislature for calling their motion to delay a vote on the bill "sick," "reprehensible" and dishonourable.

Saskatchewan Apology protection was added to the Evidence Amendment Act in May 2007.

Manitoba Dr Jon Gerrard's Apology Act was passed in November 2007 and came into force last month after a 90-day waiting period.

Yukon Legislation proposed in April 2007 by Liberal MLA Don Inverarity hasn't yet been put to a vote. "I don't think it will see the light of day," he told NRM in a recent interview.

Check out our website: www.nationalreviewofmedicine.com