BILL NUMBER: S4848

SPONSOR: REICHLIN-MELNICK
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to exclud-
ing an apology statement as an admission of liability in a medical malp-
ractice lawsuit

 
PURPOSE:

The purpose of this legislation is to exclude a statement of apology or
regret, made by a healthcare provider, as an admission of liability.

 
SUMMARY OF PROVISIONS:

Section 1. The Civil Practice Law and Rules is amended by adding a new
section to read as follows: § 4549. Statement of apology or regret in
medical, dental or podiatric malpractice. Notwithstanding any other
provision of this article to the contrary, 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 proceed-
ing as a admission of liability or against interest.

Section 2. This act shall take effect immediately.

 
JUSTIFICATION:

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 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 physicians and or health care
practitioner apologies and expressions of condolences.  Research, anec-
dotal 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 ('Sorry' Docs Pay Less, Shea,
Christopher, Week in ldeas Wall Street Journal, August 27, 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:

2015-16: S.880 - Referred to Judiciary
2013-14: S.2533 - Referred to Judiciary
2011-12: S.7070 - Referred to Judiciary

 
FISCAL IMPLICATIONS:

The fiscal implications associated with the passage of this legislation
include a potential cost savings for state operated health facilities.

 
EFFECTIVE DATE:
This act shall take effect immediately.