On the recordJune 28, 2017
I have an amendment that the desk. The CHAIR. The Clerk will designate the amendment. The text of the amendment is as follows: Add, at the end of the bill, the following: SEC. 11. COMMUNICATIONS FOLLOWING UNANTICIPATED OUTCOME. (a) Provider Communications.--In any health care liability action, any and all statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence which are made by a health care provider or an employee of a health care provider to the patient, a relative of the patient, or a representative of the patient and which relate to the discomfort, pain, suffering, injury, or death of the patient as the result of the unanticipated outcome of medical care shall be inadmissible for any purpose as evidence of an admission of liability or as evidence of an admission against interest. (b) State Flexibility.--No provision of this section shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that makes additional communications inadmissible as evidence of an admission of liability or as evidence of an admission against interest. SEC. 12. EXPERT WITNESS QUALIFICATIONS.…





