Sec. 52-184d. Inadmissibility of apology made by health care provider to alleged victim of unanticipated outcome of medical care. - Connecticut Statutes

      Sec. 52-184d. Inadmissibility of apology made by health care provider to alleged victim of unanticipated outcome of medical care. (a) For the purposes of this section:

      (1) "Health care provider" means a provider, as defined in subsection (b) of section 20-7b, or an institution, as defined in section 19a-490, and includes a health care institution or facility operated by the state;

      (2) "Relative" means a victim's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister or spouse's parents, and includes such relationships that are created as a result of adoption and any person who has a family-type relationship with a victim;

      (3) "Representative" means a legal guardian, attorney, health care representative or any person recognized in law or custom as a patient's agent; and

      (4) "Unanticipated outcome" means the outcome of a medical treatment or procedure that differs from an expected result.

      (b) In any civil action brought by 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 that 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 that relate to the discomfort, pain, suffering, injury or death of the alleged victim as a 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.

      (P.A. 05-275, S. 9; P.A. 06-40, S. 2; 06-195, S. 78.)

      History: P.A. 05-275 effective July 13, 2005; P.A. 06-40 redefined "health care provider" in Subsec. (a)(1) to include a health care institution or facility operated by the state, effective May 8, 2006; P.A. 06-195 substituted "health care representative" for "health care agent" in Subsec. (a)(3).