AB 710

Under current law, certain types of evidence are not allowed to be admitted in

a court action for various policy reasons. For example, evidence of measures taken

after damage occurred that would have made the damage less likely is not admissible

to prove negligence or culpable conduct in connection with the damage. As another

example, no written or oral communication relating to a dispute in mediation is

admissible or subject to discovery in any judicial proceeding or administrative

action.

This bill provides that a statement, a gesture, or conduct of a health care

provider that expresses apology, condolence, compassion, benevolence, or sympathy

to a patient or patient's relative or representative is not admissible into evidence or

subject to discovery in any civil action or administrative hearing regarding the

health care provider as evidence of liability or as an admission against interest.