Maine Revised Statutes Title 24 Sec. 2907 – Communications of sympathy or benevolence
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1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Relative” means an alleged victim’s spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister or spouse’s parents. “Relative” includes these relationships that are created as a result of adoption. In addition, “relative” includes any domestic partner of an alleged victim. [PL 2021, c. 567, §29 (AMD).]
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. [PL 2005, c. 376, §1 (NEW).]
C. “Unanticipated outcome” means the outcome of a medical treatment or procedure that differs from an expected result. [PL 2005, c. 376, §1 (NEW).]
[PL 2021, c. 567, §29 (AMD).]
Terms Used In Maine Revised Statutes Title 24 Sec. 2907
- Action for professional negligence: means any action for damages for injury or death against any health care provider, its agents or employees, or health care practitioner or the health care practitioner's agents or employees, whether based upon tort or breach of contract or otherwise, arising out of the provision or failure to provide health care services. See Maine Revised Statutes Title 24 Sec. 2502
- Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Health care practitioner: means physicians and all others certified, registered or licensed in the healing arts, including, but not limited to, nurses, podiatrists, optometrists, chiropractors, physical therapists, dentists, psychologists, physicians' assistants and veterinarians. See Maine Revised Statutes Title 24 Sec. 2502
- Health care provider: includes a veterinary hospital. See Maine Revised Statutes Title 24 Sec. 2502
2. Evidence 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, compassion 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, injury or death of the alleged victim as the result of the unanticipated outcome is inadmissible as evidence of an admission of liability or as evidence of an admission against interest. Nothing in this section prohibits the admissibility of a statement of fault.
[PL 2005, c. 376, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 376, §1 (NEW). PL 2021, c. 567, §29 (AMD).