Connecticut General Statutes 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:
Terms Used In Connecticut General Statutes 52-184d
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(1) “Health care provider” means a provider, as defined in subsection (b) of § 20-7b, or an institution, as defined in § 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.