Statement, Writing, or Action Expressing Sympathy, Compassion, Commiseration, or Benevolence; Admissibility in Action for Malpractice; "Family" Defined.

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Sec. 2155.

(1) A statement, writing, or action that expresses sympathy, compassion, commiseration, or a general sense of benevolence relating to the pain, suffering, or death of an individual and that is made to that individual or to the individual's family is inadmissible as evidence of an admission of liability in an action for medical malpractice.

(2) This section does not apply to a statement of fault, negligence, or culpable conduct that is part of or made in addition to a statement, writing, or action described in subsection (1).

(3) As used in this section, "family" means spouse, parent, grandparent, stepmother, stepfather, child, adopted child, grandchild, brother, sister, half brother, half sister, father-in-law, or mother-in-law.

History: Add. 2011, Act 21, Imd. Eff. Apr. 20, 2011
Compiler's Notes: Former MCL 600.2155, which pertained to obligation of witness to answer, was repealed by Act 274 of 1984, Eff. Mar. 29, 1985.Enacting section 1 of Act 21 of 2011 provides:"Enacting section 1. This amendatory act applies only to civil actions filed on or after the effective date of this amendatory act."


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