Tuesday, October 22, 2013

Benevolent Gesture Legislation for Medical Malpractice Cases Advances to Governor's Desk

SB 379, pertaining, in pertinent part, to benevolent gestures in the context medical malpractice cases, has passed both the Pennsylvania House and Senate and will be on the Governor's desk for signature next.  It is expected by commentators that the Governor will sign it into law.
The Benevolent Gesture Medical Professional Liability Act provides that certain benevolent gestures shall be inadmissible at trial as evidence of liability.  However, this preclusion of evidence would not apply to a communication, including an excited utterance, which also includes a statement or statements of negligence or fault pertaining to an accident or an event.
To view the proposed Legislation, click this LINK.
I sent thanks to Tim Bittle, a political consultant for the Pennsylvania Defense Institute for publicizing this information.

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