HOUSE BILL NO. 24
INTRODUCED BY GOLIE
BY REQUEST OF THE LEGISLATIVE COUNCIL
AN ACT PROVIDING THAT A STATEMENT, AFFIRMATION, GESTURE, OR CONDUCT EXPRESSING APOLOGY, SYMPATHY, COMMISERATION, CONDOLENCE, COMPASSION, OR BENEVOLENCE RELATING TO THE PAIN, SUFFERING, OR DEATH OF A PERSON THAT IS MADE TO THE PERSON, THE PERSON'S FAMILY, OR A FRIEND OF THE PERSON OR OF THE PERSON'S FAMILY IS INADMISSIBLE FOR ANY PURPOSE IN A CIVIL ACTION FOR MEDICAL MALPRACTICE; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Statement of apology, sympathy, or benevolence -- not admissible as evidence of admission of liability for medical malpractice. (1) A statement, affirmation, gesture, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence relating to the pain, suffering, or death of a person that is made to the person, the person's family, or a friend of the person or of the person's family is not admissible for any purpose in a civil action for medical malpractice.
(2) As used in this section, the following definitions apply:
(a) "Apology" means a communication that expresses regret.
(b) "Benevolence" means a communication that conveys a sense of compassion or commiseration emanating from humane impulses.
(c) "Communication" means a statement, writing, or gesture.
(d) "Family" means the spouse, parent, spouse's parent, grandparent, stepmother, stepfather, child, grandchild, sibling, half-sibling, or adopted children of a parent of an injured party.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 26, chapter 1, and the provisions of Title 26, chapter 1, apply to [section 1].
Section 3. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
Section 4. Effective date. [This act] is effective July 1, 2005.
Section 5. Applicability. [This act] applies to causes of action arising after [the effective date of this act].
- END -
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