Bill Text: NY S00880 | 2015-2016 | 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO JUDICIARY [S00880 Detail]

Download: New_York-2015-S00880-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          880
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed 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    S 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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03978-01-5
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