16RS House Bill 554

House Bill 554

Actions

Last Action	to Judiciary (H)
Title	AN ACT relating to medical malpractice.
Bill Documents	Bill
Impact Statements	Local Mandate
Bill Request Number	2063
Sponsor	J. DeCesare
Summary of Original Version	Amend KRS 304.40-260 to modify the definitions of "health care provider," and "health care," and "malpractice insurer"; delete definitions for "tort" and "malpractice," and add a definition for "health care liability action"; create new sections of KRS 304.40-250 to 304.40-320 to require that a claimant in a health care liability action prove by expert testimony the recognized standard of acceptable professional practice and specialty, that the defendant acted with less than or failed to act with ordinary and reasonable care in accordance with this standard, and that the claimant suffered injuries as a proximate result of the defendant's negligent act or omission; provide there is no presumption of negligence on the part of the defendant in a health care liability action; require a jury to be instructed in a health care liability action that the claimant has the burden of proving by a preponderance of the evidence the negligence of the defendant; require a potential health care liability claimant to provide written notice of the potential claim to each potential health care provider that will be named a defendant at least 60 days before filing the complaint with the court; provide requirements for the notice and service of the notice; require the pleadings in a health care liability action to state whether the claimant complied with and gave documentation for the notice requirement; extend the applicable statute of limitations and repose for a period of 120 days from the date of expiration of the statute of limitations and repose applicable to that provider if the required notice was given; allow all parties in a health care liability action to obtain copies of the claimant's medical records from any health care provider receiving notice; provide that if a complaint is filed in good-faith reliance on the extension of the statute of limitations and repose and it is later determined the claim is not a health care liability action, the extension of the statute of limitations and repose is still available to the claimant; allow the named defendant in a health care liability action to petition the court for a qualified protective order allowing the defendant the right to obtain protected health information outside the presence of claimant; provide that any health care provider's disclosure of relevant information in response to a court order shall be permissible disclosure; require a certificate of good faith to be filed with the complaint in each health care liability action that requires expert testimony; outline the required contents of a certificate of good faith; provide that the failure of a plaintiff to provide a certificate of good faith shall, upon motion, make the action subject to dismissal with prejudice; specify that the written statement of an expert relied upon in executing the certificate of good faith is not discoverable; allow the court to impose sanctions upon a finding that certificate of good faith requirements have been violated; amend KRS 304.40-250, 304.40-280, 304.40-290, 304.40-300, and 304.40-310 to conform.
Index Headings of Original Version	Local Mandate - Health care liability actions, requirements for Courts - Health care liability actions, requirements for Health and Medical Services - Health care liability actions, requirements for Juries and Jurors - Health care liability actions, jury instructions for Nurses - Health care liability actions, requirements for Physicians and Practitioners - Health care liability actions, requirements for Civil Actions - Health care liability actions, requirements for Civil Procedure - Health care liability actions, requirements for Claims - Health care liability actions, requirements for

03/01/16	introduced in House
03/02/16	to Judiciary (H)