This text of North Dakota § 31-04-12 (Expressions of empathy) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. A statement, affirmation, gesture, or conduct of a health care provider, or health care
provider's employee or agent, which expresses apology, sympathy, commiseration,
condolence, compassion, or benevolence to a patient or to a patient's relative or
representative is not admissible as evidence of liability or as an admission against
interest in a civil action, arbitration proceeding, or administrative hearing regarding the
health care provider.
2. For purposes of this section, unless the context otherwise requires:
a. "Health care provider" means:
(1)An individual licensed or certified by the state to deliver health care;
(2)A hospital or clinic, including an ambulatory surgery center or group of
physicians operating a clinic or outpatient care facility, or a professional
corporation
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1. A statement, affirmation, gesture, or conduct of a health care provider, or health care
provider's employee or agent, which expresses apology, sympathy, commiseration,
condolence, compassion, or benevolence to a patient or to a patient's relative or
representative is not admissible as evidence of liability or as an admission against
interest in a civil action, arbitration proceeding, or administrative hearing regarding the
health care provider.
2. For purposes of this section, unless the context otherwise requires:
a. "Health care provider" means:
(1) An individual licensed or certified by the state to deliver health care;
(2) A hospital or clinic, including an ambulatory surgery center or group of
physicians operating a clinic or outpatient care facility, or a professional
corporation or other professional entity comprised of such health care
providers as permitted by the laws of this state; and
(3) A nursing, basic, or assisted living facility licensed by this state or by any
other health care organization.
b. "Relative" means an individual who has a relationship to the patient by marriage,
blood, or adoption.
c. "Representative" means a legal guardian, attorney, person designated to make
decisions on behalf of a patient under a health care directive, or any person
recognized in law or custom as a patient's agent.