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Assembly Bill A8621A

2011-2012 Legislative Session

Excludes a statement of apology or regret, made by a health care provider, as an admission of liability

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A8621 - Details

See Senate Version of this Bill:
S7070
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4549, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: A4071, S2533
2015-2016: A6156, S880
2017-2018: A2372
2019-2020: A5909
2021-2022: A5599

2011-A8621 - Summary

Excludes a statement of apology or regret, made by a health care provider, as an admission of liability in a malpractice lawsuit.

2011-A8621 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8621

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                           September 21, 2011
                               ___________

Introduced  by  M.  of  A.  GALEF, LAVINE, GUNTHER, REILLY, SCHIMMINGER,
  DUPREY, SAYWARD -- Multi-Sponsored by -- M. of A. CORWIN, MAGEE, SWEE-
  NEY, TENNEY -- read once and referred to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to exclud-
  ing an apology statement as an admission of  liability  in  a  medical
  malpractice lawsuit

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The civil practice law and rules is amended  by  adding  a
new section 4549 to read as follows:
  S 4549. STATEMENT OF APOLOGY OR REGRET IN MEDICAL, DENTAL OR PODIATRIC
MALPRACTICE.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE
CONTRARY, IN ANY ACTION FOR MEDICAL, DENTAL  OR  PODIATRIC  MALPRACTICE,
ANY COMMUNICATION OR CONDUCT BY A HEALTH CARE PROVIDER EXPRESSING APOLO-
GY  OR REGRET, MADE TO A PATIENT OR A PATIENT'S RELATIVE IS INADMISSIBLE
IN ANY CIVIL PROCEEDING AS AN ADMISSION OF LIABILITY OR  AGAINST  INTER-
EST.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13414-01-1

co-Sponsors

multi-Sponsors

2011-A8621A (ACTIVE) - Details

See Senate Version of this Bill:
S7070
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4549, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: A4071, S2533
2015-2016: A6156, S880
2017-2018: A2372
2019-2020: A5909
2021-2022: A5599

2011-A8621A (ACTIVE) - Summary

Excludes a statement of apology or regret, made by a health care provider, as an admission of liability in a malpractice lawsuit.

2011-A8621A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8621--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                           September 21, 2011
                               ___________

Introduced  by  M.  of  A.  GALEF, LAVINE, GUNTHER, REILLY, SCHIMMINGER,
  DUPREY, SAYWARD, FRIEND -- Multi-Sponsored by  --  M.  of  A.  CORWIN,
  LOSQUADRO, MAGEE, MONTESANO, SWEENEY, TENNEY -- read once and referred
  to the Committee on Judiciary -- recommitted to the Committee on Judi-
  ciary  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the civil practice law and rules, in relation to exclud-
  ing an apology statement as an admission of  liability  in  a  medical
  malpractice lawsuit

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The civil practice law and rules is amended  by  adding  a
new section 4549 to read as follows:
  S 4549. STATEMENT OF APOLOGY OR REGRET IN MEDICAL, DENTAL OR PODIATRIC
MALPRACTICE.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE
CONTRARY, IN ANY ACTION FOR MEDICAL, DENTAL  OR  PODIATRIC  MALPRACTICE,
ANY COMMUNICATION OR CONDUCT BY A HEALTH CARE PROVIDER EXPRESSING APOLO-
GY OR REGRET, MADE IN GOOD FAITH TO A PATIENT OR A PATIENT'S RELATIVE IS
INADMISSIBLE  IN  ANY  CIVIL  PROCEEDING AS AN ADMISSION OF LIABILITY OR
AGAINST INTEREST.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13414-03-2

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