§ 3929. Recouperation of out-of-state judgments related to healthcare services.

328 words·~1 min read·/de/title-10/chapter-39-pleading-and-practice/3929

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)As used in this section, “healthcare services” means as defined in § 1702 of Title 24.

(b)When any person has had a judgment entered against such person, in any state, where liability, in whole or in part, is based on the alleged provision, receipt, assistance in receipt or provision, material support for, or any theory of vicarious, joint, several, or conspiracy liability derived therefrom, for healthcare services that are lawful in this State, such person may recover damages from any party that brought the action leading to that judgment or has sought to enforce that judgment.

(c)Damages include any of the following:

(1)Just damages created by the action that led to that judgment, including money damages in the amount of the judgment in that other state and costs, expenses and reasonable attorneys’ fees spent in defending the action that resulted in the entry of a judgment in another state.

(2)Costs, expenses, and reasonable attorneys’ fees incurred in bringing an action under this section as may be allowed by the court.

(d)This section shall not apply to a judgment entered in another state that is based upon any of the following:

(1)An action founded in tort, contract, or statute, and for which a similar claim would exist under the laws of this State, brought by the patient’s legal representative or the patient who received the healthcare services upon which the original lawsuit was based for any of the following:

a. Damages suffered by the patient.

b. Damages derived from an individual’s loss of consortium of the patient.

(2)An action founded in contract, and for which a similar claim exists under the laws of this State, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the judgement entered in another state.

(3)An action where no part of the acts that formed the basis for liability occurred in this state.