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Assembly Bill A2372

2017-2018 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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2017-A2372 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4549, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A8621
2013-2014: A4071
2015-2016: A6156
2019-2020: A5909
2021-2022: A5599

2017-A2372 (ACTIVE) - Summary

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

2017-A2372 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2372
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 18, 2017
                                ___________
 
 Introduced  by  M. of A. GALEF, GUNTHER, SCHIMMINGER, FRIEND, GOODELL --
   Multi-Sponsored by -- M. of A.  MAGEE,  MONTESANO  --  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:
   § 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.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02856-01-7

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