HB584 (2005) Detail

Relative to evidence of admissions of liability in medical injury actions.


CHAPTER 144

HB 584 – FINAL VERSION

2005 SESSION

05-0884

09/10

HOUSE BILL 584

AN ACT relative to evidence of admissions of liability in medical injury actions.

SPONSORS: Rep. Wall, Straf 7; Rep. C. Hamm, Merr 4; Rep. Lasky, Hills 26; Rep. Mooney, Hills 19; Sen. Foster, Dist 13; Sen. Gottesman, Dist 12

COMMITTEE: Judiciary

ANALYSIS

This bill makes certain statements, writings, or actions that express sympathy or compassion relating to the pain, suffering, or death of an individual and that are made to that individual or the individual’s family inadmissible as evidence of an admission of liability in a 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0884

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to evidence of admissions of liability in medical injury actions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

144:1 New Section; Medical Injury Actions; Evidence of Admissions of Liability. Amend RSA 507-E by inserting after section 3 the following new section:

507-E:4 Evidence of Admissions of Liability.

I. In this section “family“ means spouse, parent, grandparent, stepfather, stepmother, child, adopted child, grandchild, brother, sister, half-brother, half-sister, father-in-law, or mother-in-law.

II. A statement, writing, or action that expresses sympathy, compassion, commiseration, or a general sense of benevolence relating to the pain, suffering, or death of an individual and that is made to that individual or to the individual’s family is inadmissible as evidence of an admission of liability in a medical injury action.

III. This section does not apply to a statement of fault, negligence, or culpable conduct that is part of or made in addition to a statement, writing, or action described in paragraph II.

144:2 Effective Date. This act shall take effect January 1, 2006.

(Approved: June 17, 2005)

(Effective Date: January 1, 2006)

Links

HB584 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB584 Revision: 9023 Date: Jan. 21, 2010, midnight

Docket