2011 - 2012 LEGISLATURE
May 24, 2011 - Introduced by Senators Galloway, Cowles, Darling, Holperin,
Schultz and Wanggaard, cosponsored by Representatives Severson, Nygren,
Strachota, Kaufert, Bewley, Bies, Brooks, Jacque, Ripp, Spanbauer, Tauchen
and Thiesfeldt. Referred to Committee on Judiciary, Utilities, Commerce,
and Government Operations.
1An Act to create
904.14 of the statutes; relating to: inadmissibility of a
2statement of apology or condolence by a health care provider.
Analysis by the Legislative Reference Bureau
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
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
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB103, s. 1
904.14 of the statutes is created to read:
1904.14 Inadmissibility of statement by health care provider of apology
2or condolence. (1)
In this section:
(a) "Health care provider" has the meaning given in s. 146.81 (1) and includes 4
an ambulatory surgery center.
(b) "Relative" has the meaning given in s. 146.34 (1) (j).
A statement, gesture, or the conduct of a health care provider or a health 7
care provider's employee or agent, that expresses apology, benevolence, compassion, 8
condolence, fault, liability, remorse, responsibility, or sympathy to a patient or to his 9
or her relative or representative is not admissible into evidence or subject to 10
discovery in any civil action or administrative hearing regarding the health care 11
provider as evidence of liability or as an admission against interest.
(1) This act first applies to statements, gestures, or conduct that occur on the 14
effective date of this subsection.