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A2372Assembly2017-2018 Session

Apologies Not Admission in Malpractice

Official title

“Excludes a statement of apology or regret, made by a health care provider, as an admission of liability”

Sponsor Sandy GalefAD-95+4 co-sponsorsAffects Legal
Status
In Assembly Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill makes apologies or expressions of regret by healthcare providers inadmissible as evidence of liability in medical malpractice lawsuits.

Why it matters

  1. Encourages Open Communication. By making apologies inadmissible as evidence, the bill may encourage healthcare providers to communicate more openly and honestly with patients after adverse events, potentially improving patient-provider relationships and trust.

  2. Supports Emotional Healing. Patients and families often seek acknowledgment and empathy after a medical error. This law could make it easier for providers to offer sincere apologies or expressions of regret without fear that these statements will be used against them in court.

  3. May Reduce Litigation and Costs. Evidence from other states suggests that allowing apologies without legal risk may decrease the likelihood of lawsuits or lower settlement amounts, as patients may be less likely to sue when they feel their concerns are addressed compassionately.

  4. Potential Drawbacks for Patients Seeking Justice. While the bill protects providers, it could make it harder for patients to use all available evidence in malpractice cases, potentially impacting their ability to prove negligence if an apology contains an implicit admission of fault.

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Who cares

Headline styles

Apologies Not Admission in Malpractice

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Sandy Galef

Assembly Member · Assembly District 95

History

  1. Referred to judiciary
  2. Referred to judiciary

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2372

2017-2018 Regular Sessions

IN ASSEMBLY

January 18, 2017

Introduced by M. of A. GALEF, GUNTHER, SCHIMMINGER, FRIEND, GOODELL -- Multi-Sponsored by -- M. of A. MAGEE, MONTESANO -- read once and referred to the Committee on Judiciary

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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The civil practice law and rules is amended by adding a new section 4549 to read as follows:

§ 4549. Statement of apology or regret in medical, dental or podiatric malpractice. Notwithstanding any other provision of this article to the contrary, 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.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02856-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.