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 to patients or their relatives regarding an unanticipated outcome will be inadmissible as evidence of liability in any civil action or arbitration 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 specifies that while expressions of sympathy are inadmissible, any statements that imply fault, liability, or negligence are not protected under this provision. This means that if a healthcare provider makes a statement that acknowledges fault alongside an expression of sympathy, the latter may be admissible in court.
The act is set to take effect upon passage.