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S2054ACivil Procedure

Courts and Civil Procedure - Procedure Generally - Evidence

Healthcare providers' expressions of sympathy or apology after unexpected medical outcomes cannot be used as evidence of liability.

Introduced32 Yea5 Nay1 Not voting
Population
Affected
15
Email Legislator
Introduced Jan 9, 2026Committee Senate Judiciary

Plain-English Summary

This bill amends the state's evidence laws regarding healthcare providers and facilities. It specifies that if a healthcare provider or facility expresses an apology, condolence, sympathy, or general concern to a patient or their family after an unexpected medical outcome, those expressions cannot be used as evidence of liability or fault in a lawsuit, arbitration, or administrative proceeding. However, if the provider makes a specific statement admitting fault, negligence, or liability, that specific admission can still be used as evidence.

For younger readers

Sometimes, when a person goes to the doctor, things don't go as planned and they might get hurt. If the doctor or hospital says "I am sorry this happened" or shows they care, this new rule says those kind words cannot be used against the doctor in a court case to prove they did something wrong. But, if the doctor specifically says "I made a mistake that caused this," that part can still be used in court.

Who & Where It Applies

Impacted groups
Healthcare providersPatientsHealthcare facilitiesMedical malpractice attorneysPatients' relatives
Impacted communities
All

Constitutional & Fiscal Check

None Likely. This bill establishes an evidentiary rule for civil and administrative proceedings, which is a standard legislative function. It does not restrict free speech; rather, it encourages it by shielding expressions of sympathy from being used as evidence of liability. It does not violate due process, as plaintiffs can still introduce actual statements of fault or negligence to prove their cases.

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Encourages open and compassionate communication between healthcare providers and patients by protecting expressions of sympathy from being weaponized in court.
  • Supports the emotional well-being and healing of patients and their families by allowing doctors to offer genuine condolences after traumatic medical events.
  • Maintains accountability and protects victims' rights by ensuring that actual statements admitting fault, negligence, or liability can still be used as evidence in malpractice lawsuits.
  • Could make it more difficult for victims of medical malpractice, especially those with limited resources, to prove liability in court if a doctor's apology is hidden from the jury.
  • May allow large healthcare corporations to use carefully scripted apologies to pacify injured patients and discourage them from pursuing legitimate legal claims for compensation.
  • Creates a complex legal distinction between a protected "apology" and an admissible "admission of fault," potentially leading to expensive legal disputes that disadvantage lower-income plaintiffs.
For Conservatives
  • Protects healthcare providers and medical facilities from predatory litigation by preventing expressions of basic human decency from being twisted into legal admissions of guilt.
  • Promotes traditional social values of compassion, benevolence, and interpersonal empathy by removing the legal risk associated with offering condolences to a grieving family.
  • May help reduce the overall costs of medical malpractice insurance and lengthy litigation for healthcare businesses, promoting economic stability in the private medical sector.
  • Interferes with the judicial process by legislatively restricting what evidence a jury is allowed to hear, potentially undermining the traditional rule of law and court procedure.
  • Grants a special legal carve-out specifically for the healthcare industry, creating an unequal playing field compared to other private businesses or individuals who might apologize after an accident.
  • Still allows plaintiffs' attorneys to introduce statements of negligence, leaving healthcare providers vulnerable to aggressive litigation over the precise wording of their apologies.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 33 additions

SECTION 1. Chapter 9-19 of the General Laws entitled "Evidence" is hereby amended by adding thereto the following section: 9-19-45. Statements or conduct expressing apology, regret, condolence by health care provider -- Admissibility.

(a) For the purposes of this section, the following words shall have the following meanings:

(1) "Healthcare facility" means any institutional health service provider licensed pursuant to the provisions of chapter 17 of title 23.

(2) "Healthcare provider" or "provider" shall have the same meaning as the meaning contained in § 5-37.3-3.

(3) "Relative" means a patient's spouse, parent, grandparent, stepparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, adopted children of parent, or spouse's parents, whether by whole or half blood, adoption or marriage.

(4) "Representative" means a legal guardian, attorney, health care representative or any person recognized in law or custom as a patient's agent.

(5) "Unanticipated outcome" means the outcome of a medical treatment or procedure that differs from an expected result of such medical treatment or procedure.

(b) In any claim, complaint or civil action brought against a healthcare facility or provider by or on behalf of a patient allegedly experiencing an unanticipated outcome, or in any arbitration proceeding or other method of alternative dispute resolution that relates to the claim, complaint or civil action, and in any judicial or administrative proceeding against a healthcare facility or provider, the following shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest:

(1) Any and all statements, affirmations, gestures, writings, activities or conduct expressing apology, benevolence, commiseration, condolence, compassion, sympathy, or a general sense of concern which are made by a healthcare facility, a healthcare provider, or an employee or agent of a healthcare facility or provider, to the patient, the patient's relative, or a representative of the patient which relate to any alleged discomfort, pain, suffering, injury, or death of the patient as a result of the unanticipated outcome.

(2) This section shall not apply to a statement of fault, liability, negligence, or culpable conduct that is part of or made in addition to a statement, affirmation, gesture, writing, activity, or conduct described in subsection (b)(1) of this section, and only the expression of apology, benevolence, commiseration, condolence, compassion, sympathy, or a general sense of concern made under subsection (b)(1) of this section is inadmissible.

(3) Any statement, affirmation, gesture, writing, activity, or conduct described in subsection (b)(1) of this section is admissible for any other purpose.

SECTION 2. This act shall take effect upon passage.