SB 127

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.

This bill removes the requirement that a person must serve the notice of a claim

for medical malpractice on the attorney general or on a volunteer fire company,

political corporation, or governmental subdivision and its officers, employees, or

agents within 180 days after the injury. Instead, the bill requires a person who was

injured as the result of the medical malpractice to commence that action within the

same time period that is required when the claim is against a private health care

provider.

Current law limits the amount that may be recovered in a civil action against

local governments and political corporations and their officers, agents, or employees

to $50,000, and against volunteer fire companies and their officers, agents, or

employees to $25,000. Current law also limits the amount that may be recovered in

a civil action against state officers, agents, or employees to $250,000.

This bill raises the limit on the amount that may be recovered in a civil action

against local governments, political corporations, and volunteer fire companies and

their officers, agents, or employees to the amount allowed against state officers,

agents, or employees, $250,000, if the action was related to the provision of health

care services, the local government, political corporation, or volunteer fire company