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2005 SESSION

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HB 2659 Service of process; plaintiff must have an expert witness, expressions of sympathy inadmissible.

Introduced by: Terry G. Kilgore | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Medical malpractice. Requires an expert witness to certify that the health care practitioner deviated from the standard of care, and that such deviation is a proximate cause of the injuries claimed, before service of process is made. An expression of sympathy or general sense of benevolence to a patient or a patient's relative is not admissible as evidence of an admission of liability or as evidence of an admission against interest. If the patient's physical or mental condition is at issue, signs and symptoms, observations, evaluations, and histories obtained or formulated as contemporaneously documented during the course of the practitioner's treatment may be disclosed. The bill revises the definition of malpractice to limit it to a tort or contract action for personal injuries or wrongful death. Medical malpractice liability insurers are required to submit annual reports to the State Corporation Commission stating information regarding claims made against health care providers. A similar requirement was in effect from 1985 until 1996. The Board of Medicine shall require a competency assessment of any person it licenses on whose behalf three medical malpractice claims are paid in a 10-year period. The bill is a recommendation of the Joint Subcommittee Studying Risk Management Plans for Physicians and Hospitals. This bill is identical to SB 1173.


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