§ 24 §2907-2 — Communications of sympathy or benevolence

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Evidence of admissions.
In any civil action for professional negligence or in any arbitration proceeding related to such civil action, any statement, affirmation, gesture or conduct expressing apology, sympathy, commiseration, condolence, compassion or a general sense of benevolence that is made by a health care practitioner or health care provider or an employee of a health care practitioner or health care provider to the alleged victim, a relative of the alleged victim or a representative of the alleged victim and that relates to the discomfort, pain, suffering, injury or death of the alleged victim as the result of the unanticipated outcome is inadmissible as evidence of an admission of liability or as evidence of an admission against interest. Nothing in this section prohibits the admissibility of a statement of fault.

Legislative History

PL 2005, c. 376, §1 (NEW). PL 2021, c. 567, §29 (AMD).