26-1-814. Statement of apology, sympathy, or benevolence -- not admissible as evidence of admission of liability for medical malpractice. (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.
History: En. Sec. 1, Ch. 42, L. 2005.
Structure Montana Code Annotated
Chapter 1. Statutory Provisions on Evidence
26-1-801. Policy to protect confidentiality in certain relations
26-1-803. Attorney-client privilege
26-1-804. Confessions made to member of clergy
26-1-805. Doctor-patient privilege
26-1-806. Speech-language pathologist, audiologist-client privilege
26-1-807. Mental health professional-client privilege
26-1-808. Information gathered by psychology teachers and observers
26-1-809. Confidential communications by student to employee of educational institution
26-1-810. Confidential communications made to public officer
26-1-813. Mediation -- confidentiality -- privilege -- exceptions