2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 120
February 18, 2014 - Offered by Representatives Pasch, Wright, C. Taylor, Wachs,
Doyle, Hesselbein, Shankland, Genrich, Sargent and Bernard Schaber.
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 substitute amendment provides that a statement or conduct of a health
care provider that expresses apology, benevolence, compassion, condolence, remorse,
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
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
904.14 of the statutes is created to read:
2904.14 Inadmissibility of statement by health care provider of apology
3or condolence. (1)
In this section:
(a) "Health care provider" has the meaning given in s. 146.81 (1) and includes 5
an ambulatory surgery center.
(b) "Relative" has the meaning given in s. 106.50 (1m) (q).
A statement, gesture, or the conduct of a health care provider, or a health 8
care provider's employee or agent, that expresses apology, benevolence, compassion, 9
condolence, remorse, or sympathy to a patient or to his or her relative or 10
representative is not admissible into evidence or subject to discovery in any civil 11
action or administrative hearing regarding the health care provider as evidence of 12
liability or as an admission against interest.
(1) This act first applies to statements, gestures, or conduct that occur on the 15
effective date of this subsection.