CHAPTER 413

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 412

AN ACT TO AMEND TITLE 10, CHAPTER 43 OF THE DELAWARE CODE RELATING TO COURTS AND JUDICIAL PROCEDURES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Chapter 43, Title 10 of the Delaware Code, by adding a new section to read as follows:

Ҥ 4318. Compassionate Communications.

(a) For purposes of this Section:

(1) ‘Health Care Provider’ – means any person licensed or certified by the State of Delaware to deliver health care services, including, but not limited to, any physician, coordinated care organization, hospital, health care facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychologist, chiropractor or pharmacist and an officer, employee or agent of such person acting in the course and scope of employment or agency related to health care services.

(2) ‘Unanticipated outcome’ means the result of a medical treatment or procedure that differs from an expected medical result.

(b) Any and all statements, writings, gestures, or affirmations made by a health care provider or an employee of a health care provider that express apology (other than an expression or admission of liability or fault), sympathy, compassion, condolence, or benevolence relating to the pain, suffering, or death of a person as a result of an unanticipated outcome of medical care, that is made to the person, the person’s family, or a friend of the person or of the person’s family, with the exception of the admission of liability or fault, are inadmissible in a civil action that is brought against a health care provider.”

Approved July 10, 2006