Bills › 90th General Assembly
Relating to statute of repose in medical malpractice claims
Topics:Courts & civil lawHealth care
Same legislation: SF 2035
Where it is now
- Done: IntroducedJanuary 10, 2024
- Stopped: SubcommitteeDied when the General Assembly ended
- Next: House committee
- Next: Passes the House
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2024 session adjourned on April 19, 2024, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary Currently, people cannot sue for medical malpractice if more than six years have passed since the mistake happened, unless a foreign object was accidentally left in their body. This bill adds a new rule that allows these lawsuits even after six years if a healthcare provider or hospital hid the cause of the injury or death. This change affects patients seeking damages and various medical professionals, including doctors, dentists, nurses, and pharmacists.1
Read the official explanation
This bill relates to the statute of repose for medical malpractice claims. Under current law, medical malpractice claims are subject to a two-year statute of limitations and six-year statute of repose. A statute of limitations bars the right to bring an accrued action after a specified time, whereas a statute of repose terminates any right of action after a specified time, regardless of whether or not an injury has yet occurred.1(9)(a) requires that medical malpractice claims be brought within two years after the date on which the claimant knew, should have known through the use of reasonable diligence, or received notice in writing of the existence of, the injury or death for which damages are sought in the action, whichever of the dates occurs first. 1(9)(a) bars actions brought more than six years after the date of the act or omission alleged to have been the cause of the injury or death, but exempts from the statute of repose cases where a foreign object was unintentionally left in the body and caused the injury or death. The bill provides a second exception to the six-year statute of repose. Under the bill, if the cause of the injury or death was concealed from the person by the physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, nurse, or hospital, or their staff, the six-year statute of repose does not apply.
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90th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
Similar bills
- HF 256 Relating to the statute of repose in medical malpractice claims91st General Assembly · Subcommittee recommends passageNearly identical
Matched by wording or an identical title.