The bill proposes an amendment to Chapter 9-19 of the General Laws, specifically adding a new section that addresses the admissibility of certain statements or conduct by health care providers in legal proceedings. The new section, 9-19-45, defines terms such as "health care facility," "health care provider," "relative," "representative," and "unanticipated outcome." It stipulates that in any legal action against a health care facility or provider related to a patient's unanticipated outcome, expressions of apology, regret, condolence, or other compassionate gestures made by the facility, provider, or their employees to the patient or the patient's relatives or representatives are inadmissible as evidence of liability or as an admission against interest. However, this protection does not extend to statements of fault, liability, negligence, or culpable conduct that may accompany the aforementioned expressions of sympathy.
The bill clarifies that while expressions of sympathy or concern are inadmissible for proving liability, they are admissible for other purposes within legal proceedings. The intent of the bill is to allow health care providers to express compassion without fear of legal repercussions in the event of an unanticipated outcome of medical treatment. The bill would take effect immediately upon passage.