The bill amends Chapter 9-19 of the General Laws concerning "Evidence" by introducing a new section, 9-19-45, which addresses the admissibility of statements made by healthcare providers in the context of unanticipated medical outcomes. Specifically, it stipulates that any expressions of apology, regret, condolence, or sympathy made by healthcare providers, their employees, or agents to patients or their relatives regarding an unanticipated outcome of medical treatment are inadmissible as evidence of liability in civil actions or arbitration proceedings. The bill defines key terms such as "healthcare facility," "healthcare provider," "relative," "representative," and "unanticipated outcome" to clarify the scope of its application.
Additionally, the bill clarifies that while expressions of sympathy and concern are inadmissible, any statements that explicitly acknowledge fault, liability, or negligence are not protected under this provision. This means that if a healthcare provider admits to wrongdoing in conjunction with an expression of sympathy, that admission can still be used as evidence in court. The act is set to take effect upon passage, aiming to encourage open communication between healthcare providers and patients without the fear of legal repercussions.