LRB-2424/1
TKK:jld:jf
2013 - 2014 LEGISLATURE
August 23, 2013 - Introduced by Representatives Pasch, Kolste, C. Taylor,
Riemer, Wachs, Genrich, Ohnstad, Bewley, Hintz, Bernard Schaber,
Billings, Pope, Zepnick, Hesselbein, Doyle, Berceau and Kahl, cosponsored
by Senators Risser, C. Larson, Lehman and Shilling. Referred to Committee
on Judiciary.
AB296,1,2
1An Act to create 904.14 of the statutes;
relating to: inadmissibility of a
2statement of apology or condolence by a health care provider.
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 remedial
measures taken after an event occurred that would have made the event less likely
is not admissible to prove negligence or culpable conduct in connection with the
event. 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, benevolence, compassion, condolence, remorse, 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:
AB296,1
3Section
1. 904.14 of the statutes is created to read:
AB296,1,5
4904.14 Inadmissibility of statement by health care provider of apology
5or condolence. (1) In this section:
AB296,2,2
1(a) "Health care provider" has the meaning given in s. 146.81 (1) and includes
2an ambulatory surgery center.
AB296,2,33
(b) "Relative" has the meaning given in s. 106.50 (1m) (q).
AB296,2,9
4(2) A statement, gesture, or the conduct of a health care provider, or a health
5care provider's employee or agent, that expresses apology, benevolence, compassion,
6condolence, remorse, or sympathy to a patient or to his or her relative or
7representative is not admissible into evidence or subject to discovery in any civil
8action or administrative hearing regarding the health care provider as evidence of
9liability or as an admission against interest.
AB296,2
10Section
2.
Initial applicability.
AB296,2,1211
(1) This act first applies to statements, gestures, or conduct that occur on the
12effective date of this subsection.
