2012 -- H 7290

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LC00871

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - EVIDENCE

     Introduced By: Representatives McNamara, and Bennett

     Date Introduced: January 31, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 9-19 of the General Laws entitled "Evidence" is hereby amended

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by adding thereto the following section:

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     9-19-45. Admissibility of health care providers' reports of medical and health care

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errors. – (a) For the purposes of this section:

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     (1) “Family” means the spouse, parent, grandparent, step-parent, child, grandchild,

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brother, sister, half-brother, half-sister, uncle, aunt, adopted children of parent, or spouse’s

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parents, whether by whole or half blood, adoption or marriage, of a patient;

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     (2) “Health care facility” means any institutional health service provider licensed

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pursuant to the provisions of chapter 17 of title 23;

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     (3) “Health care provider” or “provider” shall have the same meaning as the meaning

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contained in subdivision 23-17.13-2(9); and

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     (4) “Unanticipated outcome” means the outcome of a medical treatment or procedure that

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differs from an expected result.

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     (b) In any claim or civil action against a health care provider or health care facility, or in

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any arbitration proceeding or other method of alternative dispute resolution that relates to the

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claim or civil action, and in any civil or administrative proceeding against a health care provider

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or health care facility, the following shall be inadmissible as evidence of an admission of liability

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or in any way to prove negligence or culpable conduct;

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     (1) Any and all statements, writings, gestures, or affirmations made by a health care

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provider or an employee of a health care provider that express apology, sympathy, compassion,

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condolence, or benevolence relating to the pain, suffering, or death of a patient as a result of an

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unanticipated outcome of medical care, that is made to the patient, the patient’s family, or a friend

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of the patient or the patient’s family, with the exception of the admission of liability or fault; and

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     (2) Any offers made by a health care provider to the patient, the patient’s family, or a

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friend of the patient or the patient’s family, to undertake corrective actions to assist the patient in

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connection with or relating to the patient’s condition or the unanticipated outcome of such

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patient’s medical care and treatment.

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     SECTION 2. This act shall take effect upon passage.

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LC00871

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - EVIDENCE

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     This act would provide that statements by a health care provider to a patient or to the

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patient’s family regarding the outcome of such patient’s medical care and treatment such as an

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apology or expression of sympathy, and any offers by a health care provider to undertake

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corrective action to assist the patient shall be inadmissible as evidence or an admission of liability

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in any claim or action against the provider.

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     This act would take effect upon passage.

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LC00871

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