PRINTER'S NO. 352
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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