Makes an apology regarding a medical error inadmissible as evidence of an admission of liability or an admission against interest in medical malpractice claims.

A BILL FOR AN ACT

SECTION 1. The legislature recognizes that when health care providers, such as physicians, take responsibility for medical errors and offer a genuine apology, trust builds and patients and family members have less inclination to sue. An apology also can lead to open discussion from which the hospital may obtain information that will help avoid similar errors in the future. A growing number of states have passed laws that protect an apology from being used against health care providers in court.

The purpose of this Act is to protect apologies from being used against health care providers in medical malpractice actions.

SECTION 2. Section 626-1, Hawaii Revised Statutes, is amended by adding to article IV a new rule to be appropriately designated and to read as follows:

"Rule Apologies; medical care. (a) In any civil action that is brought against a health care provider, as defined in section 671-1, or in any arbitration proceeding that relates to the civil action, any statement, affirmation, gesture, or conduct expressing apology, responsibility, liability, sympathy, commiseration, condolence, compassion, or a general sense of benevolence that:

is inadmissible as evidence of an admission of liability or as evidence of an admission against interest."

SECTION 3. This Act does not affect the rights or duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.