Bill Text: NY A05599 | 2021-2022 | 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) 2022-01-05 - referred to judiciary [A05599 Detail]

Download: New_York-2021-A05599-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5599

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 22, 2021
                                       ___________

        Introduced  by  M.  of A. GALEF, GUNTHER, GOODELL, FRIEND -- Multi-Spon-
          sored by -- M. of A. 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.
                                                                   LBD09597-01-1
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