§ 1-1-130 — Actions against health care providers; admissibility of evidence

(a) In any civil action or arbitration brought by an
alleged victim of an unanticipated outcome of medical care
against a health care provider, any and all statements,
affirmations, gestures or conduct expressing apology, sympathy,
commiseration, condolence, compassion or a general sense of
benevolence that are made by a health care provider or an
employee of a health care provider to the alleged victim, or to
a relative or representative of the alleged victim, and that
relate to the discomfort, pain, suffering, injury or death of
the alleged victim as the result of the unanticipated outcome of
medical care, are inadmissible as evidence of an admission of
liability or as evidence of an admission against interest.
(b) For purposes of this section:
(i) "Health care provider" means a person who is
licensed, certified or otherwise authorized or permitted by the
laws of this state to administer health care in the ordinary
course of business or practice of a profession;
(ii) "Relative" means a spouse, parent, grandparent,
stepfather, stepmother, child, grandchild, brother, sister, half
brother, half sister or parent of a spouse, and includes those
relationships established by adoption;
(iii) "Representative" means a legal guardian,
attorney, person designated to make decisions on behalf of a
patient under a medical power of attorney or any person
recognized in law or custom as a patient's agent;
(iv) "Unanticipated outcome" means the result of a
medical treatment or procedure that differs from an expected
result.