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, benevolence, commiseration, condolence, compassion, regret, sympathy, or a general sense of concern made by healthcare providers, their employees, or agents to patients or their relatives regarding an unanticipated outcome will be inadmissible as evidence of an admission of liability or as evidence of an admission against interest in any claim, complaint, or civil action, or in any arbitration proceeding or other method of alternative dispute resolution related to that outcome.
The bill defines key terms such as "healthcare facility," "healthcare provider," "relative," "representative," and "unanticipated outcome" to clarify the scope of its application. It also specifies that while expressions of sympathy are inadmissible, any statements that imply fault, liability, negligence, or culpable conduct made in addition to an expression of sympathy are not protected under this provision. This means that if a healthcare provider makes a statement that admits to fault alongside an expression of sympathy, the latter 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.