HB-5311, As Passed House, July 6, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 5311

                   (As amended July 6, 2004)                                

                                                                             A bill to amend 1961 PA 236, entitled                                             

"Revised judicature act of 1961,"                                           

(MCL 600.101 to 600.9947) by adding section 2155.                           

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 2155.  (1) A statement, writing, or action that                        

2   expresses sympathy, compassion, commiseration, or a general sense           

3   of benevolence relating to the pain, suffering, or death of an              

4   individual and that is made to that individual or to the                    

5   individual's family is inadmissible as evidence of an admission             

6   of liability in an action for medical malpractice.                          

7       (2) This section does not apply to a statement of fault,                    

8   negligence, or culpable conduct [                                 ]

9   that is part of or made in addition to a statement, writing, or             

10  action described in subsection (1).                                         

11      (3) As used in this section, "family" means spouse, parent,                 

House Bill No. 5311 (H-2) as amended July 6, 2004

1   grandparent, stepmother, stepfather, child, adopted child,                  

2   grandchild, brother, sister, half brother, half sister,                     

3    father-in-law, or mother-in-law.

[Enacting section 1. This amendatory act applies only to civil actions filed on or after the effective date of this amendatory act.]