Bill
HB 6210
Prohibits using health care apologies or expressions of sympathy after an unanticipated outcome as evidence of liability in civil or administrative proceedings.
Status: Referred to House Health & Human Services (RI); committee recommended measure be held for further study (05/01/2025).
Introduced: April 9, 2025. Effective date: upon passage (per bill text).
Note: the document supplied also contains an unrelated Michigan bill text (a proposed amendment to MCL 333.9209 on school immunization reporting, introduced Nov. 26, 2024 by Rep. Phil Skaggs). The primary bill title and majority of the text below summarize the Rhode Island measure concerning evidence law and health‑care provider statements.
Purpose and intent
- To protect expressions of apology, condolence, sympathy, regret, or similar communications made by health‑care providers, facility staff, or agents to patients (or patients’ relatives/representatives) after an unanticipated medical outcome from being used as evidence of liability in civil, arbitration, or administrative proceedings.
Key provisions
- New statutory section added: R.I. Gen. Laws § 9‑19‑45.
- Definitions provided for: “healthcare facility,” “healthcare provider,” “relative,” “representative,” and “unanticipated outcome.”
- In any claim/complaint/civil action, arbitration, or administrative/judicial proceeding that relates to an unanticipated outcome:
- Statements, gestures, writings, or conduct expressing apology, benevolence, condolence, compassion, regret, sympathy, commiseration, or a general sense of concern by a health‑care provider/facility (or employee/agent) to the patient, relative, or representative are not admissible as evidence of an admission of liability or as an admission against interest.
- Exceptions / limits:
- The protection does NOT apply to explicit statements of fault, liability, negligence, or culpable conduct — those remain admissible if they go beyond mere expressions of sympathy.
- The protected expressions remain admissible for other purposes (e.g., impeachment, context, intent, state of mind) where not offered as admissions of liability.
- Effective upon passage.
Who is affected
- Health‑care providers, hospitals and other licensed health facilities, and their employees/agents — they may communicate more freely with patients/families after adverse or unexpected outcomes without those statements being used as admissions of liability.
- Patients, family members, and representatives — may receive apologies and expressions of sympathy without those statements automatically triggering evidentiary exposure.
- Plaintiffs, defendants, attorneys, mediators, and adjudicators in medical‑malpractice, negligence, and related proceedings — litigation and settlement strategies may be influenced.
Potential impacts
- May encourage more open communication and disclosure between providers and patients after adverse outcomes, potentially aiding reconciliation and early resolution.
- Limits plaintiffs’ ability to use apologies or consolatory remarks as evidence of liability; trial use will focus on other substantive admissions or factual statements of fault.
- Could affect pre‑trial settlement dynamics and alternative dispute resolution (ADR) practices by reducing fear that apologies will be used against providers.
- Leaves intact admissibility of explicit fault admissions, preserving avenues for liability proof.
Procedural timeline
- Introduced in the House (04/09/2025); referred to House Health & Human Services.
- Scheduled for consideration/hearing 04/25/2025; committee on 05/01/2025 recommended the measure be held for further study.
If you want, I can:
- Provide a short comparison with similar “apology laws” in other states.
- Draft a one‑page explainer for health‑care providers or hospital risk/quality offices.
Compiled from official sources — confirm details with the bill’s official record.
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