Bill Text: MO HB1945 | 2010 | Regular Session | Introduced
Bill Title: Adds veterinarians to the statute of limitations for filing any action for medical malpractice against certain health care providers
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-12 - Rules - Reported Do Pass (H) [HB1945 Detail]
Download: Missouri-2010-HB1945-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES BROWN (149) (Sponsor), LAIR, McNARY, SCHAD, DENISON, DUGGER AND SMITH (150) (Co-sponsors).
4771L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 516.105, RSMo, and to enact in lieu thereof one new section relating to actions against veterinarians.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 516.105, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 516.105, to read as follows:
516.105. All actions against physicians, hospitals, dentists, registered or licensed practical nurses, optometrists, podiatrists, pharmacists, chiropractors, professional physical therapists, veterinarians treating animals, and any other entity providing health care services or veterinary services for animals and all employees of any of the foregoing acting in the course and scope of their employment, for damages for malpractice, negligence, error or mistake related to health care or veterinary care of animals shall be brought within two years from the date of occurrence of the act of neglect complained of, except that:
(1) In cases in which the act of neglect complained of is introducing and negligently permitting any foreign object to remain within the body of a living person or living animal, the action shall be brought within two years from the date of the discovery of such alleged negligence, or from the date on which the patient or owner of an animal in the exercise of ordinary care should have discovered such alleged negligence, whichever date first occurs; and
(2) In cases in which the act of neglect complained of is the negligent failure to inform the patient or owner of the animal of the results of medical tests, the action for failure to inform shall be brought within two years from the date of the discovery of such alleged negligent failure to inform, or from the date on which the patient or owner of the animal in the exercise of ordinary care should have discovered such alleged negligent failure to inform, whichever date first occurs; except that, no such action shall be brought for any negligent failure to inform about the results of medical tests performed more than two years before August 28, 1999. For purposes of this subdivision, the act of neglect based on the negligent failure to inform the patient or owner of the animal of the results of medical tests shall not include the act of informing the patient or owner of the animal of the results of negligently performed medical tests or the act of informing the patient or owner of the animal of erroneous test results; and
(3) In cases in which the person bringing the action is a minor less than eighteen years of age, such minor shall have until his or her twentieth birthday to bring such action. In no event shall any action for damages for malpractice, error, or mistake be commenced after the expiration of ten years from the date of the act of neglect complained of or for two years from a minor's eighteenth birthday, whichever is later.
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