2024 -- S 2229

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LC003945

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

EVIDENCE

     Introduced By: Senators Lauria, DiMario, Miller, Euer, Murray, Valverde, Ujifusa,
LaMountain, Cano, and Gallo

     Date Introduced: January 24, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 9-19 of the General Laws entitled "Evidence" is hereby amended by

adding thereto the following section:

     9-19-45. Statements or conduct expressing apology, regret, condolence by health care

provider; admissibility.

     (a) For the purposes of this section, the following words shall have the following meanings:

     (1) "Health care facility" means any institutional health service provider licensed pursuant

to the provisions of chapter 17 of title 23.

     (2) "Health care provider" or "provider" shall have the same meaning as the meaning

contained in § 5-37.3-3.

     (3) "Relative" means a patient's spouse, parent, grandparent, stepparent, child, grandchild,

brother, sister, half-brother, half-sister, uncle, aunt, adopted children of parent, or spouse's parents,

whether by whole or half blood, adoption or marriage.

     (4) "Representative" means a legal guardian, attorney, health care representative or any

person recognized in law or custom as a patient's agent.

     (5) "Unanticipated outcome" means the outcome of a medical treatment or procedure that

differs from an expected result of such medical treatment or procedure.

     (b) In any claim, complaint or civil action brought against a health care facility or provider

by or on behalf of a patient allegedly experiencing an unanticipated outcome, or in any arbitration

proceeding or other method of alternative dispute resolution that relates to the claim, complaint or

civil action, and in any judicial or administrative proceeding against a health care facility or

provider, the following shall be inadmissible as evidence of an admission of liability or as evidence

of an admission against interest:

     (1) Any and all statements, affirmations, gestures, writings, activities or conduct expressing

apology, fault, responsibility, liability, benevolence, commiseration, condolence, compassion,

error, mistake, regret, sympathy, or a general sense of concern which are made by a health care

facility, a health care provider, or an employee or agent of a health care facility or provider, to the

patient, the patient's relative, or a representative of the patient which relate to any alleged

discomfort, pain, suffering, injury, or death of the patient as a result of the unanticipated outcome.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

EVIDENCE

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     This act would provide that statements by a health care provider to a patient or to the

patient's relative or representative regarding the unanticipated outcome of such patient's medical

care and treatment, such as an apology or an expression of sympathy, shall be inadmissible as

evidence of an admission of liability or as evidence of an admission against interest in any claim

or action against the provider.

     This act would take effect upon passage.

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LC003945

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