S-5063

   Amend Senate File 2272 as follows:
   1.  By striking everything after the enacting clause and inserting: 
   Section 1.  Section 614.1, subsection 9, paragraph a, Code 2016, is amended to read as follows:
   a.  Except as provided in paragraph “b”, those founded on injuries to the person or wrongful death against any physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, or nurse, licensed under chapter 147, or a hospital licensed under chapter 135B, arising out of patient care, within two years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of, the injury or death for which damages are sought in the action, whichever of the dates occurs first, but in no event shall any action be brought more than six years after the date on which occurred the act or omission or occurrence alleged in the action to have been the cause of the injury or death unless a foreign object unintentionally left in the body caused the injury or death or as provided in paragraph “c”.
   Sec. 2.  Section 614.1, subsection 9, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  (1)  An action subject to paragraph “a” may be brought more than six years after the date on which the act, omission, or occurrence alleged in the action occurred if either of the following are true:
   (a)  The plaintiff alleges in a pretrial motion and the judge finds that the undisputed facts demonstrate that the plaintiff was induced to refrain from bringing a timely action by the defendant’s fraud, misrepresentation, or concealment of material facts or that the plaintiff continued to receive medical care from the defendant more than six years after the date on which the act, omission, or occurrence alleged in the action occurred and the substandard care alleged in the action continued throughout the period of time the defendant provided such care.
   (b)  The plaintiff alleges in a pretrial motion, the judge determines that the facts are disputed, and the jury finds that the plaintiff was induced to refrain from bringing a timely action by the defendant’s fraud, misrepresentation, or concealment of material facts or that the plaintiff continued to receive medical care from the defendant more than six years after the date on which the act, omission, or occurrence alleged in the action occurred and the substandard care alleged in the action continued throughout the period of time the defendant provided such care.
   (2)  This paragraph “c” does not supersede the provisions of chapter 135P.>
   2.  Title page, by striking line 1 and inserting <An Act relating to the statute of repose for medical malpractice claims.>

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STEVEN J. SODDERS