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First Special Session of the 122nd

S.P. 476 - L.D. 1378

An Act To Amend the Medical Liability Laws Concerning Communications of Sympathy or Benevolence

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 24 MRSA §2907 is enacted to read:

§2907.   Communications of sympathy or benevolence

     1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

     2. Evidence of admissions. In any civil action for professional negligence or in any arbitration proceeding related to such civil action, any statement, affirmation, gesture or conduct expressing apology, sympathy, commiseration, condolence, compassion or a general sense of benevolence that is made by a health care practitioner or health care provider or an employee of a health care practitioner or health care provider to the alleged victim, a relative of the alleged victim or a representative of the alleged victim and that relates to the discomfort, pain, suffering, injury or death of the alleged victim as the result of the unanticipated outcome is inadmissible as evidence of an admission of liability or as evidence of an admission against interest. Nothing in this section prohibits the admissibility of a statement of fault.

Effective September 17, 2005.

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