2005 Idaho Code - 9-207 — ADMISSIBILITY OF EXPRESSIONS OF APOLOGY, CONDOLENCE AND SYMPATHY

                                   TITLE  9
                                   EVIDENCE
                                  CHAPTER 2
                                  WITNESSES
    9-207.  ADMISSIBILITY OF EXPRESSIONS OF APOLOGY, CONDOLENCE AND SYMPATHY.
(1) In any civil action brought by or on behalf of a patient who experiences
an unanticipated outcome of medical care, or in any arbitration proceeding
related to, or in lieu of, such civil action, all statements and affirmations,
whether in writing or oral, and all gestures or conduct expressing apology,
sympathy, commiseration, condolence, compassion, or a general sense of
benevolence, including any accompanying explanation, made by a health care
professional or an employee of a health care professional to a patient or
family member or friend of a patient, which relate to the care provided to the
patient, or 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 as evidence for any reason including, but not limited
to, as an admission of liability or as evidence of an admission against
interest.
    (2)  A statement of fault which is otherwise admissible and is part of or
in addition to a statement identified in subsection (1) of this section shall
be admissible.
    (3)  For the purposes of this section, unless the context otherwise
requires:
    (a)  "Health care professional" means any person licensed, certified, or
    registered by the state of Idaho to deliver health care and any clinic,
    hospital, nursing home, ambulatory surgical center or other place in which
    health care is provided. The term also includes any professional
    corporation or other professional entity comprised of such health care
    professionals as permitted by the laws of Idaho.
    (b)  "Unanticipated outcome" means the outcome of a medical treatment or
    procedure that differs from an expected, hoped for or desired result.