Section 09.55.544. Evidence.

   (a) In a civil action or arbitration under AS 09.55.530 - 09.55.560, notwithstanding AS 09.43.050(2), 09.43.420(a), or 09.43.440(e), the following are not admissible as evidence:
        (1) an expression of apology, sympathy, commiseration, compassion, or benevolence made orally, by conduct, or in writing by a health care provider or an employee of a health care provider to a patient, the patient's relative, or a legal representative of a patient concerning an unanticipated outcome of medical treatment or care regarding the patient's discomfort, pain, suffering, injury, or death;
        (2) evidence of an offer made by a health care provider to a patient, the patient's relative, or a legal representative of a patient to correct or remediate an unanticipated outcome of medical treatment or care;
        (3) evidence of conduct or statements by a health care provider to furnish, offer, accept, or promise to furnish or accept valuable consideration to compromise or attempt to compromise or settle a medical malpractice claim disputed as to validity or amount;
        (4) evidence of furnishing, offering, or promising to pay medical, hospital, or similar expenses, in full or in part, by a health care provider following an unanticipated outcome of medical treatment or care;
        (5) evidence of a health care provider requesting, demanding, inquiring, or directing another to write-off, offer, or promise to pay medical, hospital, or similar expenses, in whole or in part, following an unanticipated outcome of medical treatment or care.
   (b) If an expression of apology, sympathy, commiseration, compassion, or benevolence made under (a)(1) of this section is made in conjunction with an admission of liability or negligence, only the expression of apology, sympathy, commiseration, compassion, or benevolence is inadmissible, and the admission of liability or negligence may be admissible as evidence.
   (c) This section does not apply to an offer of judgment under AS 09.30.065.
   (d) In this section,
        (1) "legal representative" means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a power of attorney, or patient's agent;
        (2) "relative" means
             (A) the spouse of the patient;
             (B) a parent, grandparent, stepparent, child, stepchild, grandchild, brother, sister, half brother, or half sister of the patient;
             (C) a parent of the patient's spouse; or
             (D) an individual adopted by the patient.

Notes

History

(Sec. 1 ch 62 SLA 2014)