Bill Text: NY A05909 | 2019-2020 | 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) 2019-02-20 - referred to judiciary [A05909 Detail]

Download: New_York-2019-A05909-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
        Introduced  by  M. of A. GALEF, GUNTHER, SCHIMMINGER, FRIEND, GOODELL --
          Multi-Sponsored 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.