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·Title 26 EVIDENCE·Ch. 1 STATUTORY PROVISIONS ON EVIDENCE·Part 8 Privileges

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.

Montana § 26-1-814 (Statement Of Apology, Sympathy, Or Benevolence -- Not Admissible As Evidence Of Admission Of Liability For Medical Malpractice) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.