Admissibility of Expressions of Sympathy or Benevolence

(a)In any civil action that is brought against a health professional, as defined in §11102, or in any arbitration proceeding that relates to the civil action, a statement, writing or benevolent gesture that:

(1)expresses sympathy or a general sense of benevolence relating to the pain, suffering or death of the patient involved in the incident with the health professional; and

(2)is made to the patient or to the family of the patient is inadmissible as evidence of an admission of liability. A statement of fault, however, which is part of, or in addition to, any of the above shall be admissible.