What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Excludes a statement of apology or regret, made by a health care provider, as an admission of liability
In Assembly Committee · Judiciary · Sponsor Sandy Galef
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2533
Title of bill
An act to amend the civil practice law and rules, in relation to excluding an apology statement as an admission of liability in a medical malpractice lawsuit
Purpose
An act to amend the civil practice law and rules, in relation to excluding an apology statement as an admission of liability in a medical malpractice lawsuit
Summary of provisions
Section I. The civil practice law and rules is amended by adding a new section 4549 to provide that in any action for medical, dental, or podiatric malpractice, any communication or conduct by a health care provider expressing apology or regret, made in good faith to a patient or a patient's relative is inadmissible in any civil proceeding as an admission of liability or against interest.
Section 2. Provides for immediate effective date.
Justification
At this time, New York State has no law protecting physicians and other health care practitioners from defendants using statements of apology against them in civil proceedings. Those health care practitioners frequently wish to express their condolences to patients and their families when there has been a negative medical outcome. They are prevented from doing so because such statements are construed as guilt when legal proceedings commence. Many patients and their families have stated that they had hoped for an apology or expression of sympathy and are angered when they have not received any validation of the outcome or their suffering. Unfortunately, the outcome is increased distress for all parties involved.
In an effort to ameliorate such suffering, thirty-six states, as of 2009, have enacted laws allowing for physician and or health care practitioner apologies and expressions of condolences. Research, anecdotal and empirical, has shown that in those states with apology laws, malpractice cases are solved 20% faster, and average claim payments declined by $55,000 to $73,000 per case (Shea, Christopher, Week in Ideas, Wall Street Journal, August 27-28, 2011).
It is anticipated that the enactment of this legislation could have similar results in New York State. The human factor, however, is perhaps more important. The doctor-patient relationship is a significant one, having enormous impact on both the health care provider and patient. This legislation would contribute in a positive way to the relationship.
Legislative history
S.7070, 2012 referred to Judiciary.
Fiscal implications
Potential cost savings to state operated health facilities.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.