SB 129

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 remedial

measures taken after an event occurred that would have made the event less likely

is not admissible to prove negligence or culpable conduct in connection with the

event. 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 or conduct of a health care provider that

expresses apology, benevolence, compassion, condolence, fault, liability, remorse,

responsibility, 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.