Senate Bill S4848

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S4848 (ACTIVE) - Details

See Assembly Version of this Bill:
A5599
Current Committee:
Senate 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
2017-2018: A2372
2019-2020: A5909

2021-S4848 (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.

2021-S4848 (ACTIVE) - Sponsor Memo

2021-S4848 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4848
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed 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.
                                                            LBD09597-01-1



              

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