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2003 SESSION

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HB 2307 Birth-Related Neurological Injury Compensation Program.

Introduced by: Jeannemarie Devolites | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Birth-Related Neurological Injury Compensation Program. Requires participating hospitals and physicians to notify obstetrical patients of the rights and limitations provided by the Birth-Related Neurological Injury Compensation Program, and to provide for written consent by patients who agree that any claim with respect to a birth-related neurological injury will be pursued under the Program to the exclusion of any medical malpractice claim. If an obstetrical patient does not consent to have the participation in the program be the claimant's exclusive remedy, the infant's legal representative may either pursue a claim under the Program or bring a civil action against a participating hospital or physician. Other amendments to the Program require that each hospital that provides obstetrical services (i) retain records relating to labor or delivery, including the fetal heart monitor tape, for a minimum of 10 years and (ii) provide possible claimants with all medical records related to birth. A hospital that fails to do so shall be subject to a civil penalty of not more than $5,000. If the hospital fails to provide the fetal heart monitor tape, fetal distress shall be rebuttably presumed. The State Corporation Commission’s authority to suspend the annual assessment levied upon participating hospitals and physicians is eliminated. This bill is incorporated into HB 2048.


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