Public Policy Exclusions

Question 1

Compassionate Communication by Health Care Providers

Answer 1

a. In DE civil cases against a healthcare provider, a statement or gesture of sympathy, apology, compassion or some other one similar, made to an injured or deceased person or their family or friends following an unanticipated outcome of medical care are inadmissible.
b. However, statements of liability or fault are admissible.

Question 2

Accommodation Payments in Personal Injury and Death Cases

Answer 2

a. Such a payment constitutes a credit against any potential recovery of damages in connection with the person’s claim.
b. Accommodation payments are not admissible to prove the Insurer’s liability for the injury.
c. Only covers actual payments, not mere offers.