§ 26-1-814 Statement of apology, sympathy, or benevolence-not admissible as evidence of admission of liability for medical malpractice

Codes > Montana Code > Title 26 > Chapter 1 : Part 8 > 26-1-814 Statement

26-1-814. Statement of apology, sympathy, or benevolence--not admissible as evidence of admission of liability for medical malpractice

    (1) A statement, affirmation, gesture, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence relating to the pain, suffering, or death of a person that is made to the person, the person's family, or a friend of the person or of the person's family is not admissible for any purpose in a civil action for medical malpractice.

    (2) As used in this section, the following definitions apply:

        (a) “Apology” means a communication that expresses regret.

        (b) “Benevolence” means a communication that conveys a sense of compassion or commiseration emanating from humane impulses.

        (c) “Communication” means a statement, writing, or gesture.

        (d) “Family” means the spouse, parent, spouse's parent, grandparent, stepmother, stepfather, child, grandchild, sibling, half-sibling, or adopted children of a parent of an injured party.