LRB-4134/1
RPN:kjf:jf
2005 - 2006 LEGISLATURE
February 14, 2006 - Introduced by Representatives Gielow, Albers, Bies, Hahn,
Krawczyk, Jeskewitz, Shilling, Strachota, Van Roy, Vos and Gundrum,
cosponsored by Senators Roessler, Grothman, A. Lasee, Olsen and
Reynolds. Referred to Committee on Judiciary.
AB1021,1,2
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 measure taken
after damage occurred that would have made the damage less likely is not admissible
to prove negligence or culpable conduct in connection with the damage. 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, condolence, 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1021, s. 1
3Section
1. 904.14 of the statutes is created to read:
AB1021,1,5
4904.14 Inadmissibility of statement by health care provider of apology
5or condolence. (1) In this section:
AB1021,2,1
1(a) "Health care provider" has the meaning given in s. 153.01 (4t).
AB1021,2,22
(b) "Relative" has the meaning given in s. 146.34 (1) (j).
AB1021,2,8
3(2) A statement, gesture, or conduct of a health care provider or a health care
4provider's employee or agent, that expresses apology, benevolence, compassion,
5condolence, fault, liability, responsibility, or sympathy to a patient or to his or her
6relative or representative is not admissible into evidence or subject to discovery in
7any civil action or administrative hearing regarding the health care provider as
8evidence of liability or as an admission against interest.
AB1021,2,1110
(1) This act first applies to statements, gestures, or conduct that occur on the
11effective date of this subsection.
