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.
STATE OF NEW YORK
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6156
2015-2016 Regular Sessions
IN ASSEMBLY
March 16, 2015
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Introduced by M. of A. GALEF, LAVINE, GUNTHER, SCHIMMINGER, DUPREY,
FRIEND, GOODELL -- Multi-Sponsored by -- M. of A. CORWIN, MAGEE,
MONTESANO, TENNEY -- read once and referred to the Committee on Judi-
ciary
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.
LBD03978-01-5
