2024 -- S 2229 SUBSTITUTE 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

     

     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:

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

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adding thereto the following section:

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

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provider; admissibility.

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

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

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to the provisions of chapter 17 of title 23.

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

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contained in ยง 5-37.3-3.

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

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

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whether by whole or half blood, adoption or marriage.

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

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

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

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

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

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

 

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

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

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

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of an admission against interest:

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

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apology, benevolence, commiseration, condolence, compassion, regret, sympathy, or a general

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sense of concern which are made by a health care facility, a health care provider, or an employee

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or agent of a health care facility or provider, to the patient, the patient's relative, or a representative

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of the patient which relate to any alleged discomfort, pain, suffering, injury, or death of the patient

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as a result of the unanticipated outcome.

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     (2) This section shall not apply to a statement of fault, liability, negligence, or culpable

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conduct that is part of or made in addition to a statement, affirmation, gesture, writing, activity, or

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conduct described in subsection (b)(1) of this section, and only the expression of apology,

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benevolence, commiseration, condolence, compassion, regret, sympathy, or a general sense of

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concern made under subsection (b)(1) of this section is inadmissible.

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     (3) Any statement, affirmation, gesture, writing, activity, or conduct described in

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subsection (b)(1) of this section is admissible for any other purpose.

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     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

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

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

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

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or action against the provider.

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     This act would take effect upon passage.

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