Sec. 501. Encouraging speedy resolution of claims
200 words·~1 min read·
/bill/113/hr/3121/ih/section-501A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The time for the commencement of a health care lawsuit shall be 3 years after the date of manifestation of injury or 1 year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of a health care lawsuit exceed 3 years after the date of manifestation of injury unless tolled for any of the following— upon proof of fraud; intentional concealment; or the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person.
Actions by a minor shall be commenced within 3 years from the date of the alleged manifestation of injury except that actions by a minor under the full age of 6 years shall be commenced within 3 years of manifestation of injury or prior to the minor’s 8th birthday, whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which a parent or guardian and a health care provider or health care organization have committed fraud or collusion in the failure to bring an action on behalf of the injured minor.