Rule 409 - Payment of Medical and Similar Expenses; Expressions of Apology(a) Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from 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 the sequence of events relating to the unanticipated outcome of medical care or the significance of events.Advisory Committee Note. The language of section (a) of this rule has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility. The language of section (b), promulgated by the Utah Legislature in 2011 (HJR 38 ), is unchanged.