CHAPTER 899
EVIDENCE

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Sec. 52-180. Admissibility of business entries and photographic copies.
Sec. 52-184d. Inadmissibility of apology made by health care provider to alleged victim of unanticipated outcome of medical care.
Sec. 52-184e. Admissibility of amount of damages awarded to plaintiff in separate action against different health care provider.

      Sec. 52-180. Admissibility of business entries and photographic copies.

      Capital needs assessment offered by defendant to show type of report lenders typically rely upon in deciding whether to loan money deemed admissible under business record exception to hearsay rule, despite fact that assessment was not prepared by defendant; assessment was made in the regular course of business by an organization that had a duty to prepare assessment. 88 CA 638.

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      Sec. 52-184d. Inadmissibility of apology made by health care provider to alleged victim of unanticipated outcome of medical care. (a) For the purposes of this section:

      (1) "Health care provider" means a provider, as defined in subsection (b) of section 20-7b, or an institution, as defined in section 19a-490;

      (2) "Relative" means a victim's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister or spouse's parents, and includes such relationships that are created as a result of adoption and any person who has a family-type relationship with a victim;

      (3) "Representative" means a legal guardian, attorney, health care agent or any person recognized in law or custom as a patient's agent; and

      (4) "Unanticipated outcome" means the outcome of a medical treatment or procedure that differs from an expected result.

      (b) In any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such civil action, any and all statements, affirmations, gestures or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion or a general sense of benevolence that are made by a health care provider or an employee of a health care provider to the alleged victim, a relative of the alleged victim or a representative of the alleged victim and that relate to the discomfort, pain, suffering, injury or death of the alleged victim as a result of the unanticipated outcome of medical care shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest.

      (P.A. 05-275, S. 9.)

      History: P.A. 05-275 effective July 13, 2005.

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      Sec. 52-184e. Admissibility of amount of damages awarded to plaintiff in separate action against different health care provider. (a) For the purposes of this section:

      (1) "Licensed health care provider" means any health care institution licensed pursuant to the provisions of chapter 368v or any individual provider of health care licensed pursuant to the provisions of chapters 370 to 373, inclusive, or 375 to 383c, inclusive, or a pharmacist or other person licensed pursuant to chapter 400j;

      (2) "Health care services" means acts of diagnosis, treatment, medical evaluation or advice or such other acts as may be permissible under the health care licensing statutes of this state.

      (b) In any action to recover damages resulting from personal injury or wrongful death, whether in tort or contract, in which it is alleged that such injury or death resulted from the professional negligence of a licensed health care provider in the provision of health care services, such provider may introduce evidence of the amount of damages awarded to the plaintiff for such injury or death by the trier of fact in a separate action by such plaintiff against a different health care provider.

      (P.A. 05-275, S. 8.)

      History: P.A. 05-275 effective October 1, 2005, and applicable to actions accruing on or after that date.

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