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North Dakota Century Code Title 31. Judicial Proof § 31-04-12. Expressions of empathy

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

1. A statement, affirmation, gesture, or conduct of a health care provider, or health care provider's employee or agent, which expresses apology, sympathy, commiseration, condolence, compassion, or benevolence to a patient or to a patient's relative or representative is not admissible as evidence of liability or as an admission against interest in a civil action, arbitration proceeding, or administrative hearing regarding the health care provider.

2. For purposes of this section, unless the context otherwise requires:

a. “Health care provider” means:

(1) An individual licensed or certified by the state to deliver health care;

(2) A hospital or clinic, including an ambulatory surgery center or group of physicians operating a clinic or outpatient care facility, or a professional corporation or other professional entity comprised of such health care providers as permitted by the laws of this state; and

(3) A nursing, basic, or assisted living facility licensed by this state or by any other health care organization.

b. “Relative” means an individual who has a relationship to the patient by marriage, blood, or adoption.

c. “Representative” means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a health care directive, or any person recognized in law or custom as a patient's agent.

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Cite this article: FindLaw.com - North Dakota Century Code Title 31. Judicial Proof § 31-04-12. Expressions of empathy - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-31-judicial-proof/nd-cent-code-sect-31-04-12/

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