THE SENATE	S.B. NO.	116
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the hawaii rules of evidence.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The doctor-patient relationship is central to the practice of medicine and is essential to the delivery of high-quality health care in the diagnosis and treatment of disease.  This relationship is important to both parties.  The amount and quality of information about the patient's disease will be better if the relationship is better in terms of mutual respect, knowledge, trust, and shared values and perspectives about disease and life.

     A healthy doctor-patient relationship facilitates the transfer of information in both directions, enhancing accuracy of diagnosis and increasing the patient's knowledge about the disease.  Patients must have confidence in the competence of their physicians and must feel that they can confide in their physicians.  Physicians must be able to reassure and comfort their patients while remaining honest.  A healthy relationship ensures that doctors and patients can fulfill their roles and meet the expectations of each other.

     Medical apology laws are designed to encourage communication between patients and health care providers.

     The purpose of this Act is to establish a new rule of evidence on the admissibility of medical apologies.

     SECTION 2.  Section 626-1, Hawaii Revised Statutes, is amended by adding a new rule to be appropriately designated and to read as follows:

     "Rule     Evidence of admissions of unanticipated medical outcomes.  Evidence of statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence that is made by a health care provider or an employee of a health care provider concerning the consequences of an unanticipated outcome of medical care that results in discomfort, pain, suffering, injury, or death is not admissible to prove liability for any claim growing out of the event."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Rules of Evidence; Medical Apology

 

Description:

Establishes a rule of evidence to exclude the admissibility of medical apologies to prove liability.

 

 

 

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