After weeks of contentious and emotional testimony in the wrongful death lawsuit brought by Hollywood actor James Woods, a simple “I’m sorry” by Kent CEO Sandra Colletta brought about a peaceful resolution.

Steve DeToy, a spokesman for the Rhode Island Medical Association, said that the Woods case is a great anecdote proving that doctors should be able to say they’re sorry without having to fear lawsuits.

“The Woods case is a prime example that shows when patients and doctors have these discussions, the lawsuits drop dramatically,” said DeToy.

But lawyers routinely encourage doctors to avoid saying “I’m sorry” or admitting any fault, with the idea that it could be used against them during a trial.

It was with that notion in mind—that an “I’m sorry,” along with a promise not to repeat a mistake, reduces medical malpractice claims—that lead Warwick Representative Joseph McNamara (D-Warwick) to submit bills that would exempt conversations between doctors and patients and their families in which doctors say the two words from medical malpractice suits. Under McNamara’s bill, plaintiffs would not be able to use the “I’m sorry” in a claim against a doctor.

The idea behind the law, according to McNamara, is to cut down on medical malpractice lawsuits. The bill, he said, represents logical tort reform that will reduce medical costs and give patients and their families peace of mind.

“The larger issue here is the cost of medical care and how much lawsuits increase those costs,” said McNamara yesterday.

“If we can do something to allow medical professionals to express sympathy or empathy after they’ve made a mistake, it will reduce the amount of medical malpractice cases.”

McNamara plans to resubmit the bill next year.

There are studies that back up McNamara’s argument. In 2001, the University of Michigan Health System decided to admit fault, say they were sorry and offer a monetary compensation when doctors had erred. In August 2001, there were 262 open claims against the medical center. In 2007, the number was 83.

All parties say the peaceful and timely resolution of disputes has saved everyone both money and grief.

Yet McNamara’s bills haven’t been successful. Skeptics say that’s because the Rhode Island General Assembly contains a highly disproportionate amount of lawyers.

“Obviously the trial lawyers have a dog in this fight, and they’re protecting a large source of income,” said McNamara, referring to their opposition to the legislation. DeToy concurred.

“They’re doing quite well with the current system and it’s in their interest to keep things the way they are now,” he said.

But Patrick Barry, the current president of the Rhode Island Trial Lawyers Association, said he takes issue with the notion that the lawyers would favor a broken system merely because it benefits them financially.

“We’re in favor of openness and we’d like to see anything that would reduce medical malpractice litigation,” said Barry.

“The best way to do that is to reduce malpractice.”

Barry said that the trial lawyer’s association has opposed the McNamara bills because they would have exempted lawyers’ admissions of even the most egregious errors.

“The only bill we’ve seen has gone well beyond excluding evidence of an apology and would deprive injured patients and their families of underlying facts that could be very important to a trial,” said Barry.

Barry also pointed out that the initiative allowing doctors to say “I’m sorry” for mistakes was undertaken by private institutions, like the University of Michigan Health System.

Kent President and CEO Sandra Colletta, who’s apology to Woods made it possible to resolve the case peacefully, said that she thinks a bill allowing doctors to do so without fear of a lawsuit would be helpful.

Prior to talking with Woods, both agreed that anything they said to one another wouldn’t be used against the other in the case.

“I think anything that facilitates the caregiver and allows them to be up front and open to express their remorse or extend sympathy or say ‘I’m sorry’…they should be able to do that,” said Coletta.

“We need to think about the patients and their families.”