Bill Positions

Bill Number: SB 358

Bill Title: Health Care Malpractice - Expression of Regret or Apology - Inadmissibility

Bill Sponsor(s): Sen. Muse & Brochin

Subject: Civil Liability

Committee: JPR

Bill Summary: This bill would alter the evidentiary rule concerning apologies or expressions of regret in a medical malpractice liability case. It would eliminate a provision of current law that allows an admission of liability or fault during an apology by a health care provider to be used as evidence in a trial.

History: In 2006 HB 790 was supported by the MD Chamber, passed the House, but died without a vote in the Senate JPR Committee. In 2007 HB 147 received an unfavorable report by the Judiciary Committee. In 2008 HB 607 received an unfavorable report by the Judiciary Committee. In 2009 SB 906 died in the Rules Committee.

Chamber Position: Support

Position Summary: The MD Chamber supports meaningful tort reforms in order to reduce the cost of medical liability insurance for health care providers. This bill would allow a health care provider to make an apology to a victim, or a member of a victim's family, without fear of the statement being used as evidence in a malpractice case.

Position Statement: To view the Chamber's complete position statement, click here (pdf).

Chamber Staff: Ronald Wineholt

General Assembly: Click here to view the bill on the Maryland General Assembly's website.