PRINTER'S NO. 352

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 311 Session of 2007


        INTRODUCED BY LEACH, CREIGHTON, GEORGE, GOODMAN, GRELL,
           HORNAMAN, JOSEPHS, KORTZ, MANDERINO, MELIO, PALLONE, ROSS,
           SAYLOR AND YOUNGBLOOD, FEBRUARY 7, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 7, 2007

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for benevolent
     3     gesture or admission by health care provider.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 42 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 6145.  Benevolent gesture or admission by health care
     9             provider.
    10     (a)  General rule.--In any medical professional liability
    11  action, any benevolent gesture or admission of fault made by a
    12  health care provider to a patient, or the patient's relative or
    13  representative, regarding the patient's discomfort, pain,
    14  suffering, injury or death resulting from a medical treatment or
    15  procedure shall be inadmissible as evidence of liability if the
    16  gesture or admission was made prior to the commencement of the
    17  medical professional liability action.
    18     (b)  Definitions.--As used in this section, the following

     1  words and phrases shall have the meanings given to them in this
     2  subsection:
     3     "Benevolent gesture."  Any action that conveys a sense of
     4  compassion or commiseration emanating from humane impulses.
     5     "Health care provider."  As defined by section 103 of the act
     6  of March 20, 2002 (P.L.154, No.13), known as the Medical Care
     7  Availability and Reduction of Error (Mcare) Act.
     8     "Medical professional liability action."  As defined by
     9  section 103 of the act of March 20, 2002 (P.L.154, No.13), known
    10  as the Medical Care Availability and Reduction of Error (Mcare)
    11  Act.
    12     "Relative."  A spouse, parent, stepparent, grandparent,
    13  child, stepchild, grandchild, brother, sister, half-brother,
    14  half-sister, spouse's parents or any person who has a family-
    15  type relationship with a victim.
    16     "Representative."  A legal guardian, an agent designated to
    17  make medical decisions under a power of attorney over health
    18  care matters or a surrogate designated in an advance directive
    19  for health care.
    20     Section 2.  This act shall take effect in 60 days.







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