HP0823, LD 1111, item 1, An Act To Ensure Timely Resolution of Professional Negligence Claims

An Act To Ensure Timely Resolution of Professional Negligence Claims

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 24 MRSA §2853, sub-§7, as amended by PL 1991, c. 505, §4, is further amended to read:

7. Extensions of time. All requests for extension of time under this subchapter must be made to the panel chair. The chair may extend any time period under this subchapter for good cause, except that the chair may not extend any time period that would result in the hearing being held more than one year from the filing of notice of claim upon the clerk unless good cause is shown. If the hearing is not held within 18 months following the filing of the notice of claim upon the clerk, the claimant may bypass the panel process under this subchapter by filing a notice of withdrawal with the clerk and may then file an action in Superior Court.

Sec. 2. 24 MRSA §2859, as amended by PL 1989, c. 827, §4, is further amended to read:

§ 2859. Statute of limitations

The applicable statute of limitations concerning actions for professional negligence is tolled from the date upon which notice of claim is served or filed in Superior Court until 30 days following the day upon which the claimant receives notice of the findings of the panel or until 30 days following the filing of a notice of withdrawal pursuant to section 2853, subsection 7, whichever is later.

summary

Under the Maine Health Security Act, a person is allowed to commence an action for professional negligence only by first submitting the claim to a mandatory prelitigation screening and mediation panel.

This bill allows a claimant whose hearing has not been held within 18 months of the submission of the claim to the panel to bypass the panel and have the case heard in Superior Court.

HP0823 LD 1111	First Regular Session - 125th Maine Legislature		LR 1809 Item 1
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