Statements of Sympathy in Medical Malpractice Cases

  1. Law
  2. Georgia Code
  3. Evidence
  4. Relevant Evidence and Its Limits
  5. Statements of Sympathy in Medical Malpractice Cases

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  1. As used in this Code section, the term "health care provider" means any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or any hospital, nursing home, home health agency, institution, or medical facility licensed or defined under Chapter 7 of Title 31. The term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity composed of such health care providers.
  2. In any claim or civil proceeding brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities, or conduct expressing regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of benevolence which is made by a health care provider or an employee or agent of a health care provider to the patient, a relative of the patient, or a representative of the patient and which relates to the unanticipated outcome shall be inadmissible as evidence and shall not constitute an admission of liability or an admission against interest.

(Code 1981, §24-4-416, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2013, p. 141, § 24/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, substituted "composed of" for "comprised of" in the last sentence of subsection (a).

RESEARCH REFERENCES

ALR.

- Admissibility in action for malpractice, of evidence as to reputation of physician or surgeon for skill and care, 48 A.L.R. 249.


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