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
Encourages open communication. By making apologies or expressions of regret inadmissible as evidence of liability, healthcare providers may feel more comfortable offering honest explanations or apologies to patients and families after adverse events, potentially improving trust and transparency.
Reduces fear of litigation. The bill may alleviate healthcare providers’ concerns that compassionate or empathetic statements could be used against them in court, possibly decreasing the practice of defensive medicine and fostering a more supportive environment for acknowledging mistakes.
Impacts patient-provider relationships. While patients may still seek accountability, this change could lead to more meaningful conversations and emotional closure after medical errors, as providers might be more willing to express empathy without legal risk.
Limits evidence in malpractice cases. Plaintiffs in malpractice lawsuits would not be able to use a provider’s apology or regret as proof of fault, possibly making it more challenging to establish liability based solely on such statements.
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Who cares
Headline styles
Apologies Not Liability Admissions
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5909
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 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.
LBD09909-01-9
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.