§ RULE 409 PAYMENT OF MEDICAL AND SIMILAR EXPENSES; EXPRESSIONS OF APOLOGY

Codes > Utah Code > Utah Rules > Article IV > RULE 409

RULE 409. PAYMENT OF MEDICAL AND SIMILAR EXPENSES; EXPRESSIONS OF APOLOGY

    (a) Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury.

    (b) Evidence of unsworn statements, affirmations, gestures, or conduct made to a patient or a person associated with the patient by a defendant that expresses the following is not admissible in a malpractice action against a health care provider or an employee of a health care provider to prove liability for an injury:

        (1) apology, sympathy, commiseration, condolence, compassion, or general sense of benevolence; or

        (2) a description of describe the sequence of events relating to the unanticipated outcome of medical care or the significance of events.