Montana Code 26-1-814. Statement of apology, sympathy, or benevolence — not admissible as evidence of admission of liability for medical malpractice
26-1-814. Statement of apology, sympathy, or benevolence — not admissible as evidence of admission of liability for medical malpractice. (1) A statement, affirmation, gesture, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence relating to the pain, suffering, or death of a person that is made to the person, the person’s family, or a friend of the person or of the person’s family is not admissible for any purpose in a civil action for medical malpractice.
Terms Used In Montana Code 26-1-814
- 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.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(2)As used in this section, the following definitions apply:
(a)”Apology” means a communication that expresses regret.
(b)”Benevolence” means a communication that conveys a sense of compassion or commiseration emanating from humane impulses.
(c)”Communication” means a statement, writing, or gesture.
(d)”Family” means the spouse, parent, spouse’s parent, grandparent, stepmother, stepfather, child, grandchild, sibling, half-sibling, or adopted children of a parent of an injured party.