Text: SF00152 Text: SF00154 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 614.1, subsection 9, Code 1997, is 1 2 amended to read as follows: 1 3 9. MALPRACTICE. 1 4 a.ThoseExcept as provided in paragraph "b", those 1 5 founded on injuries to the person or wrongful death against 1 6 any physician and surgeon, osteopath, osteopathic physician 1 7 and surgeon, dentist, podiatric physician, optometrist, 1 8 pharmacist, chiropractor, or nurse, licensed under chapter 1 9 147, or a hospital licensed under chapter 135B, arising out of 1 10 patient care, within two years after the date on which the 1 11 claimant knew, or through the use of reasonable diligence 1 12 should have known, or received notice in writing of the 1 13 existence of, the injury or death for which damages are sought 1 14 in the action, whichever of the dates occurs first, but in no 1 15 event shall any action be brought more than six years after 1 16 the date on which occurred the act or omission or occurrence 1 17 alleged in the action to have been the cause of the injury or 1 18 death unless a foreign object unintentionally left in the body 1 19 caused the injury or death. 1 20 b. An action brought pursuant to paragraph "a" on behalf 1 21 of a minor who was under the age of six years when the act, 1 22 omission, or occurrence alleged in the action occurred, shall 1 23 be commenced no later than the minor's eighth birthday. 1 24 Sec. 2. Section 614.8, Code 1997, is amended to read as 1 25 follows: 1 26 614.8 MINORS AND PERSONS WITH MENTAL ILLNESS. 1 27 a. The times limited for actionshereinin this chapter, 1 28 except those brought for penalties and forfeitures,shall be1 29 are extended in favor ofminors andpersons with mental 1 30 illness, so that they shall have one year from and after the 1 31 termination ofsuchthe disability within which to commence 1 32saidan action. 1 33 b. Except as provided in section 614.1, subsection 9, the 1 34 times limited for actions in this chapter, except those 1 35 brought for penalties and forfeitures, are extended in favor 2 1 of minors, so that they shall have one year from and after 2 2 attainment of majority within which to commence an action. 2 3 EXPLANATION 2 4 The bill provides that the time period for commencing an 2 5 action for medical malpractice for a minor under six years of 2 6 age when the act, omission, or occurrence alleged in the 2 7 action occurred, is extended to the minor's eighth birthday. 2 8 For a minor six years of age or older when such an act, 2 9 omission, or occurrence alleged in an action occurred, Code 2 10 section 614.1 would generally allow the commencement of an 2 11 action within two years after the date on which the claimant 2 12 knew, or through reasonable diligence should have known, or 2 13 received notice of the injury or death, but in no event more 2 14 than six years after the date on which occurred the act, 2 15 omission, or occurrence alleged in the action, unless a 2 16 foreign object was unintentionally left in the body. 2 17 LSB 1665XS 77 2 18 mj/cf/24.1
Text: SF00152 Text: SF00154 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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