SF 1789

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:23am

A bill for an act
relating to civil actions; regulating medical liability actions; providing for the
inadmissibility of certain health care provider statements, gestures, or conduct;
proposing coding for new law in Minnesota Statutes, chapter 604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604.111] MEDICAL LIABILITY; USE OF PROVIDER'S APOLOGY.
new text end

new text begin Subdivision 1. new text end

new text begin Apology not admission; medical liability. new text end

new text begin In any civil action
brought by an alleged victim of an unanticipated outcome of medical care, or in any
arbitration proceeding related to that civil action, statements, affirmations, gestures, or
conduct expressing apology, sympathy, commiseration, condolence, compassion, or a
general sense of benevolence, made by a health care provider or an employee of a health
care provider to the alleged victim, a relative of the alleged victim, or a representative of
the alleged victim and which relate to the discomfort, pain, suffering, injury, or death of
the alleged victim as a result of the unanticipated outcome of medical care is inadmissible
as evidence of an admission of liability or as evidence of an admission against interest or
as an excited utterance.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, unless the context otherwise
requires:
new text end

new text begin (a) "Health care provider" means any person licensed, certified, or registered in this
state to deliver health care and any clinic, pharmacy, hospital, or other health facility
located in this state. The term includes any professional corporation or other professional
entity comprised of such health care providers as permitted by the laws of this state.
new text end

new text begin (b) "Relative" means a victim's spouse, parent, grandparent, stepfather, stepmother,
child, grandchild, brother, sister, half-brother, half-sister, or spouse's parents. The term
includes those relationships if created as a result of adoption. In addition, relative includes
any person who is a member of the victim's household.
new text end

new text begin (c) "Representative" means a legal guardian, attorney, person designated to make
decisions on behalf of a patient under a health care power of attorney, or any person
recognized in law or custom as a patient's agent.
new text end

new text begin (d) "Unanticipated outcome" means the outcome of a medical treatment or procedure
that differs from an expected result.
new text end

Sec. 2. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin Section 1 is effective January 1, 2010, and applies to causes of action arising on or
after that date.
new text end