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