A05909 Summary:

BILL NOA05909
 
SAME ASNo Same As
 
SPONSORGalef (MS)
 
COSPNSRGunther, Schimminger, Friend, Goodell
 
MLTSPNSRMontesano
 
Add §4549, CPLR
 
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.
Go to top    

A05909 Actions:

BILL NOA05909
 
02/20/2019referred to judiciary
01/08/2020referred to judiciary
Go to top

A05909 Committee Votes:

Go to top

A05909 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A05909 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5909
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2019
                                       ___________
 
        Introduced  by  M. of A. GALEF, GUNTHER, SCHIMMINGER, FRIEND, GOODELL --
          Multi-Sponsored by -- M. of A. 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:
 
     1    Section  1.    The civil practice law and rules is amended by adding a
     2  new section 4549 to read as follows:
     3    § 4549. Statement of apology or regret in medical, dental or podiatric
     4  malpractice. Notwithstanding any other provision of this article to  the
     5  contrary,  in  any  action for medical, dental or podiatric malpractice,
     6  any communication or conduct by a health care provider expressing apolo-
     7  gy or regret, made in good faith to a patient or a patient's relative is
     8  inadmissible in any civil proceeding as an  admission  of  liability  or
     9  against interest.
    10    § 2. This act shall take effect immediately.
 
 
 
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09909-01-9
Go to top