AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- EVIDENCE (Provides that statements by a health care provider regarding the unanticipated outcome of a patient's medical care and treatment shall be inadmissible as evidence of an admission of liability or as evidence of an admission.)

S2054A

2026 -- S 2054 SUBSTITUTE A
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LC003658/SUB A
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --
EVIDENCE

Introduced By:
Senators Lauria, Lawson, Euer, LaMountain, Zurier, Pearson,
McKenney, DiMario, Murray, and Gallo

Date Introduced:
January 09, 2026

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

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(a) For the purposes of this section, the following words shall have the following meanings:
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(1) "Healthcare facility" means any institutional health service provider licensed pursuant
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to the provisions of chapter 17 of title 23.
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(2) "Healthcare provider" or "provider" shall have the same meaning as the meaning
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contained in § 5-37.3-3.
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(3) "Relative" means a patient's spouse, parent, grandparent, stepparent, child, grandchild,
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brother, sister, half-brother, half-sister, uncle, aunt, adopted children of parent, or spouse's parents,
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whether by whole or half blood, adoption or marriage.
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(4) "Representative" means a legal guardian, attorney, health care representative or any
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person recognized in law or custom as a patient's agent.
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(5) "Unanticipated outcome" means the outcome of a medical treatment or procedure that
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differs from an expected result of such medical treatment or procedure.
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(b) In any claim, complaint or civil action brought against a healthcare facility or provider
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by or on behalf of a patient allegedly experiencing an unanticipated outcome, or in any arbitration

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proceeding or other method of alternative dispute resolution that relates to the claim, complaint or
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civil action, and in any judicial or administrative proceeding against a healthcare facility or
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provider, the following shall be inadmissible as evidence of an admission of liability or as evidence
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of an admission against interest:
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(1) Any and all statements, affirmations, gestures, writings, activities or conduct expressing
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apology, benevolence, commiseration, condolence, compassion, sympathy, or a general sense of
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concern which are made by a healthcare facility, a healthcare provider, or an employee or agent of
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a healthcare facility or provider, to the patient, the patient's relative, or a representative of the patient
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which relate to any alleged discomfort, pain, suffering, injury, or death of the patient as a result of
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the unanticipated outcome.
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(2) This section shall not apply to a statement of fault, liability, negligence, or culpable
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conduct that is part of or made in addition to a statement, affirmation, gesture, writing, activity, or
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conduct described in subsection (b)(1) of this section, and only the expression of apology,
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benevolence, commiseration, condolence, compassion, sympathy, or a general sense of concern
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made under subsection (b)(1) of this section is inadmissible.
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(3) Any statement, affirmation, gesture, writing, activity, or conduct described in
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subsection (b)(1) of this section is admissible for any other purpose.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --
EVIDENCE
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This act would provide that statements by a healthcare provider to a patient or to the
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patient's relative or representative regarding the unanticipated outcome of such patient's medical
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care and treatment, such as an apology or an expression of sympathy, shall be inadmissible as
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evidence of an admission of liability or as evidence of an admission against interest in any claim
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or action against the provider.
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This act would take effect upon passage.
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LC003658/SUB A - Page 3 of 2