Senate Bill S7519

                                 BILL NUMBER:  S7519

 TITLE OF BILL :
An act to amend the civil practice law and rules, in relation to
evidence of admissions in medical, dental or podiatric malpractice
actions


 PURPOSE :
This legislation limits evidence of admissions in medical, dental or
podiatric malpractice actions.

 SUMMARY OF PROVISIONS :
Section 1. The civil practice law and rules is amended by adding a new
section 4549 to read as follows:

1. In any civil action brought for medical, dental or podiatric
malpractice, or in any arbitration proceedings related to such civil
action, any and all statements, writings, affirmations, gestures, or
conduct expressing apology, fault, sympathy, commiseration,
condolence, compassion, or a general sense of benevolence which are
made by a health care provider or an employee of a health care
provider to the patient and which relate to the discomfort, pain,
suffering, injury, or death of the patient, shall be inadmissible as
evidence of an admission of liability or as evidence of an admission
against interest.
              

2. For purposes of this section, unless the context otherwise
requires: (a) "Health care provider" means any person licensed or
certified by the state of New York to deliver health care and any
clinic, health dispensary, or health facility licensed by the state of
New York. The term includes any professional corporation or other
professional entity comprised of such health care providers as
permitted by the laws of this state.  (b) "Relative" means a patient's
spouse, parent, grandparent, stepfather, stepmother, child,
grandchild, brother, sister, half brother, half sister, or spouse's
parents. The term includes said relationships that are created as a
result of adoption. In addition, "relative" includes any person who
has a family-type relationship with the patient.  (c) "Representative"
means a legal guardian, attorney, person designated to make decisions
on behalf of a patient under a health care proxy, or any person
recognized in law or custom as a patient's agent.

 JUSTIFICATION :
Lawyers and insurers regularly advise parties to accidents not to
express regret or convey an apology or statement of compassion,
commiseration or contrition for fear it will be used against the
parties and thereby cause them financial harm. Commentators and
scholars and now the courts and legislatures have observed that many
lawsuits, although unquantifiable, result from anger which, in turn,
result from a failure of another party to express regret or sympathy.
Several states including California, Connecticut, Florida, Illinois,
Massachusetts and Vermont have already passed various versions of this
'apology law.' The purpose of this bill is to attempt to reduce
lawsuits and encourage settlements by fostering the use of apologies
in connection with accident-related injuries or death with the passage
of this bill, conduct, statements, writings, or activity constituting
voluntary offers of assistance or expressions of benevolence, regret,
mistake, sympathy or apology between or among parties or potential
parties to a civil action will be encouraged and will not be
considered an admission of liability or as evidence against interest.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.