HB 463 – AS INTRODUCED
2005 SESSION
09/10
HOUSE BILL 463
AN ACT relative to evidence of admissions in medical injury actions.
SPONSORS: Rep. Price, Hills 26; Rep. Batula, Hills 19; Rep. MacKay, Merr 11; Rep. Miller, Straf 7; Sen. Odell, Dist 8; Sen. Gallus, Dist 1; Sen. Roberge, Dist 9
This bill makes certain statements by medical care providers to an alleged victim and the alleged victim’s relatives and representatives inadmissible as evidence in any medical injury action.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0500
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to evidence of admissions in medical injury actions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Medical Injury Actions; Evidence of Admissions. Amend RSA 507-E by inserting after section 3 the following new section:
507-E:4 Evidence of Admissions.
I. In this section:
(a) “Relative“ means a victim’s spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half-brother, half-sister, or spouse’s parents. The term includes said relationships that are created as a result of adoption. In addition, “relative” includes any person who has a family-type relationship with a victim.
(b) “Representative” means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a medical power of attorney, or any person recognized in law or custom as a patient’s agent.
(c) “Unanticipated outcome” means the outcome of a medical treatment or procedure that differs from an expected result.
II. In any medical injury action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such medical injury action, any and all statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence which are made by a medical care provider to the alleged victim, a relative of the alleged victim, or a representative of the alleged victim and which relate to the discomfort, pain, suffering, injury, or death of the alleged victim as the 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.
2 Effective Date. This act shall take effect January 1, 2006.