{"data":{"id":"us-nd/n.d.-cent.-code-31-04-12","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 31-04-12","heading":"Expressions of empathy","body":"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.\n2.For purposes of this section, unless the context otherwise requires:\na.\"Health care provider\" means:\n(1)An individual licensed or certified by the state to deliver health care;\n(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\n(3)A nursing, basic, or assisted living facility licensed by this state or by any other health care organization.\nb.\"Relative\" means an individual who has a relationship to the patient by marriage, blood, or adoption.\nc.\"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.","path":["Title 31 Judicial Proof","Chapter 31-04 General Provisions"],"source_url":"https://ndlegis.gov/cencode/t31c04.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"07894257f29c6eb23dca5f68f5c2c3a3c1d03443c727fa5b7816be98969da92b","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-31-04-11","next":"us-nd/n.d.-cent.-code-31-08-01"},"notice":"GroundRules: Original legal text. Not legal advice."}