2024 -- S 2229 SUBSTITUTE A | |
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LC003945/SUB A | |
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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 | |
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Introduced By: Senators Lauria, DiMario, Miller, Euer, Murray, Valverde, Ujifusa, | |
Date Introduced: January 24, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 9-19 of the General Laws entitled "Evidence" is hereby amended by |
2 | adding thereto the following section: |
3 | 9-19-45. Statements or conduct expressing apology, regret, condolence by health care |
4 | provider; admissibility. |
5 | (a) For the purposes of this section, the following words shall have the following meanings: |
6 | (1) "Health care facility" means any institutional health service provider licensed pursuant |
7 | to the provisions of chapter 17 of title 23. |
8 | (2) "Health care provider" or "provider" shall have the same meaning as the meaning |
9 | contained in ยง 5-37.3-3. |
10 | (3) "Relative" means a patient's spouse, parent, grandparent, stepparent, child, grandchild, |
11 | brother, sister, half-brother, half-sister, uncle, aunt, adopted children of parent, or spouse's parents, |
12 | whether by whole or half blood, adoption or marriage. |
13 | (4) "Representative" means a legal guardian, attorney, health care representative or any |
14 | person recognized in law or custom as a patient's agent. |
15 | (5) "Unanticipated outcome" means the outcome of a medical treatment or procedure that |
16 | differs from an expected result of such medical treatment or procedure. |
17 | (b) In any claim, complaint or civil action brought against a health care facility or provider |
18 | by or on behalf of a patient allegedly experiencing an unanticipated outcome, or in any arbitration |
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1 | proceeding or other method of alternative dispute resolution that relates to the claim, complaint or |
2 | civil action, and in any judicial or administrative proceeding against a health care facility or |
3 | provider, the following shall be inadmissible as evidence of an admission of liability or as evidence |
4 | of an admission against interest: |
5 | (1) Any and all statements, affirmations, gestures, writings, activities or conduct expressing |
6 | apology, benevolence, commiseration, condolence, compassion, regret, sympathy, or a general |
7 | sense of concern which are made by a health care facility, a health care provider, or an employee |
8 | or agent of a health care facility or provider, to the patient, the patient's relative, or a representative |
9 | of the patient which relate to any alleged discomfort, pain, suffering, injury, or death of the patient |
10 | as a result of the unanticipated outcome. |
11 | (2) This section shall not apply to a statement of fault, liability, negligence, or culpable |
12 | conduct that is part of or made in addition to a statement, affirmation, gesture, writing, activity, or |
13 | conduct described in subsection (b)(1) of this section, and only the expression of apology, |
14 | benevolence, commiseration, condolence, compassion, regret, sympathy, or a general sense of |
15 | concern made under subsection (b)(1) of this section is inadmissible. |
16 | (3) Any statement, affirmation, gesture, writing, activity, or conduct described in |
17 | subsection (b)(1) of this section is admissible for any other purpose. |
18 | 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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1 | This act would provide that statements by a health care provider to a patient or to the |
2 | patient's relative or representative regarding the unanticipated outcome of such patient's medical |
3 | care and treatment, such as an apology or an expression of sympathy, shall be inadmissible as |
4 | evidence of an admission of liability or as evidence of an admission against interest in any claim |
5 | or action against the provider. |
6 | This act would take effect upon passage. |
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