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House Amendment 1481

Amendment Text

PAG LIN
  1  1    Amend House File 693 as follows:
  1  2    #1.  Page 4, by inserting before line 11 the
  1  3 following:
  1  4    "Sec.    .  Section 614.1, subsection 9, Code 1997,
  1  5 is amended to read as follows:
  1  6    9.  MALPRACTICE.
  1  7    a.  Those Except as provided in paragraph "b",
  1  8 those founded on injuries to the person or wrongful
  1  9 death against any physician and surgeon, osteopath,
  1 10 osteopathic physician and surgeon, dentist, podiatric
  1 11 physician, optometrist, pharmacist, chiropractor,
  1 12 physician assistant, or nurse, licensed under chapter
  1 13 147, or a hospital licensed under chapter 135B,
  1 14 arising out of patient care, within two years after
  1 15 the date on which the claimant knew, or through the
  1 16 use of reasonable diligence should have known, or
  1 17 received notice in writing of the existence of, the
  1 18 injury or death for which damages are sought in the
  1 19 action, whichever of the dates occurs first, but in no
  1 20 event shall any action be brought more than six years
  1 21 after the date on which occurred the act or omission
  1 22 or occurrence alleged in the action to have been the
  1 23 cause of the injury or death unless a foreign object
  1 24 unintentionally left in the body caused the injury or
  1 25 death.
  1 26    b.  An action subject to paragraph "a" and brought
  1 27 on behalf of a minor who was under the age of six
  1 28 years when the act, omission, or occurrence alleged in
  1 29 the action occurred, shall be commenced no later than
  1 30 the minor's eighth birthday.
  1 31    Sec.    .  Section 614.8, Code 1997, is amended to
  1 32 read as follows:
  1 33    614.8  MINORS AND PERSONS WITH MENTAL ILLNESS.
  1 34    a.  The times limited for actions herein in this
  1 35 chapter, except those brought for penalties and
  1 36 forfeitures, shall be are extended in favor of minors
  1 37 and persons with mental illness, so that they shall
  1 38 have one year from and after the termination of such
  1 39 the disability within which to commence said an
  1 40 action.
  1 41    b.  Except as provided in section 614.1, subsection
  1 42 9, the times limited for actions in this chapter,
  1 43 except those brought for penalties and forfeitures,
  1 44 are extended in favor of minors, so that they shall
  1 45 have one year from and after attainment of majority
  1 46 within which to commence an action."
  1 47    #2.  By renumbering as necessary.  
  1 48 
  1 49 
  1 50                               
  2  1 BRADLEY of Clinton
  2  2 
  2  3 
  2  4                               
  2  5 MAY of Worth
  2  6 
  2  7 
  2  8                               
  2  9 HANSEN of Pottawattamie
  2 10 
  2 11 
  2 12                               
  2 13 MERTZ of Kossuth
  2 14 
  2 15 
  2 16                               
  2 17 JACOBS of Polk
  2 18 
  2 19 
  2 20                               
  2 21 MUNDIE of Webster
  2 22 
  2 23 
  2 24                               
  2 25 LAMBERTI of Polk
  2 26 
  2 27 
  2 28                               
  2 29 O'BRIEN of Boone
  2 30 HF 693.501 77
  2 31 tm/jw/28
     

Text: H01480                            Text: H01482
Text: H01400 - H01499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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