PRINTER'S NO. 2976

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1945 Session of 2007


        INTRODUCED BY GILLESPIE, BOYD, CUTLER, D. EVANS, KENNEY,
           KILLION, MUSTIO, PICKETT, REICHLEY AND STERN,
           DECEMBER 7, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 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 encounter,
    15  treatment or procedure shall be inadmissible as evidence of
    16  liability or as an admission against interest if such gesture or
    17  admission was made prior to the commencement of the 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 patient's spouse, parent, stepparent,
    13  grandparent, child, stepchild, grandchild, brother, sister,
    14  half-brother, half-sister, spouse's parents or any person who
    15  has a family-type relationship with a patient.
    16     "Representative."  A legal guardian, attorney, an agent
    17  designated to make medical decisions under a power of attorney
    18  over health care matters or a surrogate designated in an advance
    19  directive for health care or any person recognized in law or
    20  custom as a patient's agent.
    21     Section 2.  The addition of 42 Pa.C.S. § 6145 shall apply to
    22  actions pending on or commencing after the effective date of
    23  this section.
    24     Section 3.  This act shall take effect in 60 days.




    K29L42BIL/20070H1945B2976        - 2 -
See other bills
under the
same topic