S T A T E O F N E W Y O R K
________________________________________________________________________
4071
2013-2014 Regular Sessions
I N A S S E M B L Y
January 30, 2013
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Introduced by M. of A. GALEF, LAVINE, GUNTHER, SCHIMMINGER, DUPREY,
FRIEND -- Multi-Sponsored by -- M. of A. CORWIN, LOSQUADRO, MAGEE,
MONTESANO, SWEENEY, 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 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.
LBD02639-01-3