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2013 SESSION

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HB 1874 Medical malpractice; statute of limitations.

Introduced by: Jennifer L. McClellan | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Medical malpractice; statute of limitations. Amends the discovery rule, which triggers the running of the statute of limitations in medical malpractice cases involving the diagnosis of a malignant tumor or cancer. The bill provides that for a claim that negligence is a proximate cause of the failure to diagnose or a delay in the diagnosis of a tumor or cancer, the two-year statute of limitations is extended for one year from the date the diagnosis is communicated to the patient. Under current law, the claim must be that there was a negligent failure to diagnose the tumor or cancer.


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