Maine Legislature, Session 122, LD 1378
Committee Amendment CA_A_S323 (Senate)
Amends: 24 MRSA §2907

MAINE STATE LEGISLATURE 
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Reproduced from scanned originals with text recognition applied 
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~~ 
L.D. 1378 
DATE: 6- a-os 
(Filing No. S- 302.~ 
JUDICIARY 
Reported by: 
Reproduced and distributed under the direction of the Secretary 
of the Senate. 
SENATE 
I22ND LEGISLATURE 
COMMITTEE AMENDMENT ,A" to S.P. 476, L.D. 1378, Bill, "An 
Act To Preserve the Medical Liability Climate in the State by 
Capping Noneconomic and Punitive Damages" 
Amend the bill by striking out the title and substituting 
the following: 
'An 
Act 
To 
Amend 
the 
Medical 
Liability 
Laws 
Concerning 
Communications of Sympathy or Benevolence' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. I. 24 MRSA §2907 is enacted to read: 
§2907. 
Communications of s:ppathy or benevolence 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Relatiye" means an alleged victim's spouse, parent, 
grandparent, 
stepfather, 
stepmother, 
child, 
grandchild, 
brother, 
sister, 
half brother, 
half sister or 
spouse's 
parents. 
"Relatiye" includes these relationships that are 
created as a result of adoption. 
In addition, "relative" 
includes any person who has a domestic partner relationship 
with 
an 
alleged 
victim. 
As 
used 
in 
this 
paragraph, 
"domestic partner" is a 
person who 
has registered as 
a 
domestic partner pursuant to Title 22, section 2710. 
Page l-LR1575(2) 
COMMITTEE 
t;', AMENDMENT 
COMMITTEE AMENDMENT "A, to S.P. 476, L.D. 1378 
B. 
"Representative" 
means 
a 
legal 
guardian, 
attorney. 
person designated to make decisions on behalf of a patient 
under an advance directive or any person recognized in law 
or custom as a person's agent. 
C. 
"Unanticipated outcome" means the outcome of a medical 
treatment or procedure that differs from an expected result. 
2. 
Evidgnce of admissions. 
In 
any 
civil 
action 
for 
professional negligence or in any arbitration proceeding related 
to such civil action. 
any statement, affirmation, gesture or 
conduct expressing apology. sympathy, commiseration, condolence. 
cOIDRassion or a general sense of benevolence that is made by a 
health care practitioner or health care provider or an employee 
of a health care practitioner or health care provider to the 
alleged 
victim. 
a 
relative 
of 
the 
alleged 
victim 
or 
a 
representative of the alleged victim and that relates to the 
discomfort. 
pain. 
SUffering, 
1nJury or death of the alleged 
victim ~s the rgsult of thg unanticipated outcome is inadmissible 
as evidgnce of an admission of liability or as evidence of an 
admission against 
inter~st. 
Nothing in this section prohibits 
the admissibility of a statement of fault.' 
SUMMARY 
This amendment replaces the bill, but retains the bulk of 
the 
proposed 
language 
on 
communications 
of 
sympathy 
or 
benevolence. 
A person who is eligible to register as a domestic 
partner but who 
has not is 
removed 
from 
the definition of 
"relative." 
This 
amendment 
changes the terminology to cover 
"civil actions for professional negligence" to be consistent with 
the rest of the Maine Health Security Act. 
This amendment also 
deletes 
the 
term 
"fault" 
from 
the 
listing of 
subjects 
of 
communications expressed by a health care practioner or provider 
or an employee of either in a medical liability case to the 
plaintiff or the plaintiff's relatives that are not admissible as 
evidence of an admission of liability or as an admission against 
interest. 
This amendment specifically provides that the section 
does not prohibit the admissibility of a statement of fault. 
COMMITTEE AMENDMENT