Notification to the state and certain public agencies regarding a medical malpractice claim and limits on liability

What it does

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, if a person is injured as the result of medical malpractice, he or she must commence an action to recover his or her damages within three years from the date of the injury or within one year from the date that the injury was discovered or should have been discovered, but not more than five years after the date of the act or omission that caused the injury. However, if a health care provider conceals an act from the person that resulted in the injury, the injured person must commence the action within one year from the date that the concealment was discovered or should have been discovered, within three years from the date of the injury, or within one year from the date that the injury was discovered, whichever is later. In addition, under current law, if a foreign object is left in a person's body, the person must commence the medical malpractice action within one year from the date that the person was aware of the object or should have been aware, within three years from the date of the injury, or within one year from the date that the injury was discovered, whichever is later.

Also under current law, if a person wants to bring a civil action against an officer, employee, or agent of the state or against a volunteer fire company, political corporation, or governmental subdivision or it's officers, employees, or agents for an act committed in the course of the officer's, employee's, or agent's duties, the person must first serve a notice of the claim with the attorney general or on the fire company, corporation, or subdivision, and on their officer, employee, or agent within 120 days after the date of the act. If the claim is to recover damages for medical malpractice, the period to serve the notice of a claim is extended to 180 days after the injury was discovered or should have been discovered.

Who's behind it

4 senators are its authors⁠. All 4 are Democrats.

6 more lawmakers signed on in support⁠.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From CTS
• Fiscal Estimate From DOA
• Fiscal Estimate From DOJ

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment SA1-SB127
• Amendment SSA1-SB127
• LC Amendment Memo