Montana § 26-1-814 Statement Of Apology, Sympathy, Or Benevolence -- Not Admissible As Evidence Of Admission Of Liability For Medical Malpractice

Montana Statutes

§ 26-1-814 — Statement Of Apology, Sympathy, Or Benevolence -- Not Admissible As Evidence Of Admission Of Liability For Medical Malpractice

Montana § 26-1-814

Title 26EVIDENCE

Ch. 1STATUTORY PROVISIONS ON EVIDENCE

Part 8Privileges

This text of Montana § 26-1-814 (Statement Of Apology, Sympathy, Or Benevolence -- Not Admissible As Evidence Of Admission Of Liability For Medical Malpractice) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 26-1-814 (2026).

Text

26-1-814 . Statement of apology, sympathy, or benevolence -- not admissible as evidence of admission of liability for medical malpractice.

(1)A statement, affirmation, gesture, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence relating to the pain, suffering, or death of a person that is made to the person, the person's family, or a friend of the person or of the person's family is not admissible for any purpose in a civil action for medical malpractice.

(2)As used in this section, the following definitions apply:

(a)"Apology" means a communication that expresses regret.

(b)"Benevolence" means a communication that conveys a sense of compassion or commiseration emanating from humane impulses.

(c)"Communication" means a sta

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26-1-814 . Statement of apology, sympathy, or benevolence -- not admissible as evidence of admission of liability for medical malpractice. (1) A statement, affirmation, gesture, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence relating to the pain, suffering, or death of a person that is made to the person, the person's family, or a friend of the person or of the person's family is not admissible for any purpose in a civil action for medical malpractice.
(2) As used in this section, the following definitions apply:
(a) "Apology" means a communication that expresses regret.
(b) "Benevolence" means a communication that conveys a sense of compassion or commiseration emanating from humane impulses.
(c) "Communication" means a statement, writing, or gesture.
(d) "Family" means the spouse, parent, spouse's parent, grandparent, stepmother, stepfather, child, grandchild, sibling, half-sibling, or adopted children of a parent of an injured party.