Bill Text: NY S04848 | 2021-2022 | General Assembly | Introduced


Bill Title: Excludes a statement of apology or regret, made by a health care provider, as an admission of liability in a medical, dental or podiatric malpractice lawsuit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO JUDICIARY [S04848 Detail]

Download: New_York-2021-S04848-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4848

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 16, 2021
                                       ___________

        Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
          and when printed to be committed to the Committee on Judiciary

        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
          malpractice lawsuit

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  The civil practice law and rules is amended  by  adding  a
     2  new section 4549 to read as follows:
     3    § 4549. Statement of apology or regret in medical, dental or podiatric
     4  malpractice.  Notwithstanding any other provision of this article to the
     5  contrary, in any action for medical, dental  or  podiatric  malpractice,
     6  any communication or conduct by a health care provider expressing apolo-
     7  gy or regret, made in good faith to a patient or a patient's relative is
     8  inadmissible  in  any  civil  proceeding as an admission of liability or
     9  against interest.
    10    § 2. This act shall take effect immediately.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09597-01-1
feedback