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Montana Title 26. Evidence § 26-1-814. Statement of apology, sympathy, or benevolence--not admissible as evidence of admission of liability for medical malpractice

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) A statement, affirmation, gesture, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence relating to the pain, suffering, or death of a person that is made to the person, the person's family, or a friend of the person or of the person's family is not admissible for any purpose in a civil action for medical malpractice.

(2) As used in this section, the following definitions apply:

(a) “Apology” means a communication that expresses regret.

(b) “Benevolence” means a communication that conveys a sense of compassion or commiseration emanating from humane impulses.

(c) “Communication” means a statement, writing, or gesture.

(d) “Family” means the spouse, parent, spouse's parent, grandparent, stepmother, stepfather, child, grandchild, sibling, half-sibling, or adopted children of a parent of an injured party.

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Cite this article: FindLaw.com - Montana Title 26. Evidence § 26-1-814. Statement of apology, sympathy, or benevolence--not admissible as evidence of admission of liability for medical malpractice - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-26-evidence/mt-st-26-1-814/

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