Bill Text: NY A02372 | 2017-2018 | General Assembly | Introduced


Bill Title: Excludes a statement of apology or regret, made by a health care provider, as an admission of liability in a medical, dental or podiatric malpractice lawsuit.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - referred to judiciary [A02372 Detail]

Download: New_York-2017-A02372-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2372
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 18, 2017
                                       ___________
        Introduced  by  M. of A. GALEF, GUNTHER, SCHIMMINGER, FRIEND, GOODELL --
          Multi-Sponsored by -- M. of A.  MAGEE,  MONTESANO  --  read  once  and
          referred to the Committee on Judiciary
        AN ACT to amend the civil practice law and rules, in relation to exclud-
          ing  an  apology  statement  as an admission of liability in a medical
          malpractice lawsuit
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.    The civil practice law and rules is amended by adding a
     2  new section 4549 to read as follows:
     3    § 4549. Statement of apology or regret in medical, dental or podiatric
     4  malpractice. Notwithstanding any other provision of this article to  the
     5  contrary,  in  any  action for medical, dental or podiatric malpractice,
     6  any communication or conduct by a health care provider expressing apolo-
     7  gy or regret, made in good faith to a patient or a patient's relative is
     8  inadmissible in any civil proceeding as an  admission  of  liability  or
     9  against interest.
    10    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02856-01-7
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