House File 2150 - Introduced



                                       HOUSE FILE       
                                       BY  UPMEYER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to evidence of regret or apology made by a
  2    physician or surgeon, osteopathic physician or surgeon, or a
  3    dentist in any civil action for personal injury or death.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5418YH 81
  6 rh/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  147.140  EVIDENCE OF REGRET OR
  1  2 APOLOGY.
  1  3    In any civil action for personal injury or wrongful death
  1  4 against any physician or surgeon licensed pursuant to chapter
  1  5 148, osteopathic physician or surgeon licensed pursuant to
  1  6 chapter 150A, or dentist licensed pursuant to chapter 153,
  1  7 based upon the alleged negligence of the licensee in the
  1  8 practice of that profession or occupation, any statement,
  1  9 affirmation, gesture, or conduct expressing apology,
  1 10 responsibility, liability, sympathy, consideration,
  1 11 condolence, or a general sense of benevolence that was made by
  1 12 a physician or surgeon, osteopathic physician or surgeon, or
  1 13 dentist to the patient, relative of the patient, or decision
  1 14 maker for the patient that relates to the discomfort, pain,
  1 15 suffering, injury, or death of the patient as a result of an
  1 16 unanticipated outcome of medical care is inadmissible as
  1 17 evidence of an admission of liability or as evidence of an
  1 18 admission against interest.
  1 19                           EXPLANATION
  1 20    This bill relates to evidence of regret or apology made by
  1 21 a physician or surgeon, osteopathic physician or surgeon, or
  1 22 dentist in any civil action for personal injury or death.  The
  1 23 bill provides that in such a case, any statement, affirmation,
  1 24 gesture, or conduct expressing apology, responsibility,
  1 25 liability, sympathy, consideration, condolence, or a general
  1 26 sense of benevolence that was made by such a licensee, to the
  1 27 patient, relative of the patient, or decision maker for the
  1 28 patient that relates to the discomfort, pain, suffering,
  1 29 injury, or death of the patient as a result of an
  1 30 unanticipated outcome of medical care is inadmissible as
  1 31 evidence of an admission of liability or as evidence of an
  1 32 admission against interest.
  1 33 LSB 5418YH 81
  1 34 rh:rj/je/5