INADMISSIBLE EVIDENCE: SYMPATHY S.B. 53:
FLOOR SUMMARY
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Senate Bill 53 (as reported without amendment)
Sponsor: Senator Jim Marleau
Committee: Judiciary
CONTENT
The bill would amend the Revised Judicature Act to specify that a statement, writing, or action expressing sympathy, compassion, commiseration, or a general sense of benevolence relating to the pain, suffering, or death of an individual, that was made to that individual or to his or her family, would be inadmissible as evidence of an admission of liability in a medical malpractice action.
The bill would not apply to a statement of fault, negligence, or culpable conduct that was part of or made in addition to a statement, writing, or action described above.
"Family" would mean spouse, parent, grandparent, stepmother, stepfather, child, adopted child, grandchild, brother, sister, half brother, half sister, father-in-law, or mother-in-law.
The bill would apply only to civil actions filed on or after its effective date.
Proposed MCL 600.2155 Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 1-26-11 Fiscal Analyst: Matthew Grabowski
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb53/1112