Apology Bill Introduced in Utah Senate

Utah S.B. 41, introduced by Senator David Thomas, "provides admissibility standards for disclosures by health care providers in malpractice actions." In pertinent part, it provides:

78-14-18. Evidence of disclosures -- Civil proceedings -- Unanticipated outcomes -- Medical care.
In any civil action brought by a patient as an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such civil action, any and all statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence which are 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 the result of the unanticipated outcome of medical care shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest.

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