Section 904.14. Inadmissibility of statement by health care provider of apology or condolence.

 

(1)  In this section:

(a) “Health care provider" has the meaning given in s. 146.81 (1) and includes an ambulatory surgery center, an adult family home as defined in s. 50.01 (1) , and a residential care apartment complex, as defined in s. 50.01 (6d) , that is certified or registered by the department of health services.

(b) “Relative" has the meaning given in s. 106.50 (1m) (q) .

(2)  A statement, a gesture, or the conduct of a health care provider, or a health care provider's employee or agent, that satisfies all of the following is not admissible into evidence in any civil action, administrative hearing, disciplinary proceeding, mediation, or arbitration regarding the health care provider as evidence of liability or as an admission against interest:

(a) The statement, gesture, or conduct is made or occurs before the commencement of the civil action, administrative hearing, disciplinary proceeding, mediation, or arbitration.

(b) The statement, gesture, or conduct expresses apology, benevolence, compassion, condolence, fault, liability, remorse, responsibility, or sympathy to a patient or his or her relative or representative.

2013 a. 242 .