BILL NUMBER:S2533

TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to excluding an apology statement as an admission of
liability in a medical malpractice lawsuit

PURPOSE:  An act to amend the civil practice law and rules, in
relation to excluding an apology statement as an admission of
liability in a medical malpractice lawsuit

SUMMARY OF PROVISIONS:

Section I. The civil practice law and rules is amended by adding a new
section 4549 to provide that in any action for medical, dental, or
podiatric malpractice, any communication or conduct by a health care
provider expressing apology or regret, made in good faith to a patient
or a patient's relative is inadmissible in any civil proceeding as an
admission of liability or against interest.

Section 2. Provides for immediate effective date.

JUSTIFICATION:  At this time, New York State has no law protecting
physicians and other health care practitioners from defendants using
statements of apology against them in civil proceedings. Those health
care practitioners frequently wish to express their condolences to
patients and their families when there has been a negative medical
              

outcome. They are prevented from doing so because such statements are
construed as guilt when legal proceedings commence. Many patients and
their families have stated that they had hoped for an apology or
expression of sympathy and are angered when they have not received any
validation of the outcome or their suffering. Unfortunately, the
outcome is increased distress for all parties involved.

In an effort to ameliorate such suffering, thirty-six states, as of
2009, have enacted laws allowing for physician and or health care
practitioner apologies and expressions of condolences. Research,
anecdotal and empirical, has shown that in those states with apology
laws, malpractice cases are solved 20% faster, and average claim
payments declined by $55,000 to $73,000 per case (Shea, Christopher,
Week in Ideas, Wall Street Journal, August 27-28, 2011).

It is anticipated that the enactment of this legislation could have
similar results in New York State. The human factor, however, is
perhaps more important. The doctor-patient relationship is a
significant one, having enormous impact on both the health care
provider and patient. This legislation would contribute in a positive
way to the relationship.

LEGISLATIVE HISTORY: S.7070, 2012 referred to Judiciary.

FISCAL IMPLICATIONS:  Potential cost savings to state operated health
facilities.

EFFECTIVE DATE:  This act shall take effect immediately.