HOUSE BILL No. 4708

 

May 2, 2007, Introduced by Reps. Hune, Condino, Gaffney and Angerer and referred to the Committee on Judiciary.

 

     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:

 

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

 

sympathy, compassion, commiseration, or a general sense of

 

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

 

individual and that is made to that individual or to the

 

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

 

liability in an action for medical malpractice.

 

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

 

negligence, or culpable conduct that is part of or made in addition

 

to a statement, writing, or action described in subsection (1).


 

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

 

grandparent, stepmother, stepfather, child, adopted child,

 

grandchild, brother, sister, half brother, half sister, 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.