LRB-3663/3
RPN:bjk:jf
2009 - 2010 LEGISLATURE
February 9, 2010 - Introduced by Representatives Benedict, Nygren, Jorgensen,
Vos, Berceau, Van Roy, A. Ott, Knodl, Zepnick, Townsend, Ballweg,
Steinbrink, Bies and
Pasch, cosponsored by Senators Taylor, Lehman,
Schultz, Holperin, Vinehout, Darling and Olsen. Referred to Committee on
Judiciary and Ethics.
AB710,1,3
1An Act to create 904.14 of the statutes;
relating to: inadmissibility of a
2statement, a gesture, or conduct expressing apology or condolence by a health
3care 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 measures 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, a gesture, or conduct of a health care
provider that expresses apology, condolence, compassion, benevolence, 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:
AB710, s. 1
4Section
1. 904.14 of the statutes is created to read:
AB710,2,2
1904.14 Inadmissibility of statement by health care provider of apology
2or condolence. (1) In this section:
AB710,2,33
(a) "Health care provider" has the meaning given in s. 146.81 (1).
AB710,2,44
(b) "Relative" has the meaning given in s. 146.34 (1) (j).
AB710,2,10
5(2) A statement, a gesture, or conduct of a health care provider or a health care
6provider's employee or agent, that expresses apology, benevolence, compassion,
7condolence, or sympathy to a patient or to his or her relative or representative is not
8admissible into evidence or subject to discovery in any civil action or administrative
9hearing regarding the health care provider as evidence of liability or as an admission
10against interest.
AB710,2,1312
(1) This act first applies to a statement, a gesture, or conduct that occurs on the
13effective date of this subsection.
