Back 

Medical Professionals Apologies 2009 Legislation

 

Medical Professionals Apologies 2009 Legislation

Last Updated: February 12, 2010

NCSL Staff Contact: Heather Morton, Denver, (303) 364-7700

GA | HI | IL | KS | MD | MA | MN | NE | NY | PA | RI | TX | VA
STATES BILL SUMMARY
Georgia
Provides that in any claim or civil proceeding brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities, or conduct expressing regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of benevolence which is made by a health care provider or an employee or agent of a health care provider to the patient, a relative of the patient, or a representative of the patient and which relates to the unanticipated outcome shall be inadmissible as evidence and shall not constitute an admission of liability or an admission against interest.
Hawaii
Amends provisions relating to the medical claim compensation panel by establishing a health court. Increases the number of panel members and amends the manner in which they are appointed; provides for expressions of sympathy.
Illinois
Amends the Sorry Works! Pilot Program Act. Makes a technical change in a section concerning the short title.
 
Amends the Sorry Works! Pilot Program Act. Makes a technical change in a section concerning the short title.
Kansas
S.B. 32
Prohibits a court from admitting statements, gestures, conduct, or benevolent acts, including waiver of charges for medical care, expressing apology, fault, sympathy, or condolence, which are made by a health care provider relating to the unanticipated outcome of medical care, as evidence of an admission of liability in civil actions.
Maryland
Withdrawn from further consideration 2/16/09
Repeals an exception to the provision of law that an expression of regret or apology made by a health care provider is inadmissible as evidence of an admission of liability or an admission against interest in a malpractice proceeding or civil action against the health care provider; applies the Act prospectively.
 
Withdrawn from further consideration 2/16/09
Alters a specified evidentiary rule concerning an expression of regret or apology in specified civil actions and proceedings against health care providers.
 
Repeals an exception to the provision of law that an expression of regret or apology made by a health care provider is inadmissible as evidence of an admission of liability or an admission against interest in a malpractice proceeding or civil action against the health care provider; applies the Act prospectively.
Massachusetts
Amends requirements for notice before filing a claim and provides for apologies.
 
Establish an Adverse Event Disclosure and Compensation Grant Program for hospitals.
 
Relates to malpractice reform; amends definitions for apologies; amends requirements for notice before filing a claim.
Minnesota
Relates to civil actions; regulates medical liability actions; provides for the inadmissibility of certain health care provider statements, gestures, or conduct.
 
Relates to civil actions; regulates medical liability actions; provides for the inadmissibility of certain health care provider statements, gestures, and conduct.
Nebraska
Signed by governor 5/29/09
Amends statutory provisions in civil procedure provision that provides that in any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding, any and all statements, affirmations, gestures, or conduct expressing an apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence made by a health care provider or employee to the alleged victim shall be inadmissible as evidence or as an admission of liability.
 
Corrects statutory provisions in civil procedure provision that provides that in any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding, any and all statements, affirmations, gestures, or conduct expressing an apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence made by a health care provider or employee to the alleged victim shall be inadmissible as evidence or as an admission of liability.
New York

S.B. 6321
Establishes the "Sorry Works! demonstration program.

Pennsylvania
Amends Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in rules of evidence, providing for benevolent gesture or admission by health care provider or assisted living residence or personal care home.
 
Amends Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for benevolent gesture or admission by health care provider.
 
Amends Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in rules of evidence, providing for benevolent gesture or admission by health care provider or assisted living residence or personal care home.
 
Amends Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in rules of evidence, providing for expression of empathy.
Rhode Island
Provides that expressions of sympathy and statements by a health care provider to a patient or to the patient's family regarding the outcome of such patient's medical care and treatment, including reports of medical/health care errors or unanticipated outcomes as required by or in accordance with JCAHO's standards, shall be inadmissible as evidence or an admission of liability in a civil action against the provider.
 
Makes various changes affecting civil procedure including reduction of periods of limitation, reduction of prejudgment interest and makes statements by healthcare provider inadmissible as evidence.
 
Makes various changes affecting civil procedure including reduction of periods of limitation, reduction of prejudgment interest and makes statements by healthcare provider inadmissible as evidence.
Texas
Relates to full disclosure of certain events for a health care practitioner or health care institution.
Virginia
Signed by governor 3/27/09, Chapter 414
Expands the list of expressions of sympathy that are not admissible in medical malpractice actions and wrongful death actions brought against a health care provider to include commiseration, condolence, or compassion, together with apologies.

 

Share this: 
New Members Welcome
We are the nation's most respected bipartisan organization providing states support, ideas, connections and a strong voice on Capitol Hill.

NCSL Member Toolbox

Denver

7700 East First Place
Denver, CO 80230
Tel: 303-364-7700 | Fax: 303-364-7800

Washington

444 North Capitol Street, N.W., Suite 515
Washington, D.C. 20001
Tel: 202-624-5400 | Fax: 202-737-1069

Copyright 2014 by National Conference of State Legislatures