HOUSE DOCKET, NO. 2813        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1382

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Marjorie C. Decker

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act protecting minor children from medical malpractice.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Marjorie C. Decker

25th Middlesex

1/16/2019

James K. Hawkins

2nd Bristol

1/25/2019

José F. Tosado

9th Hampden

1/25/2019


HOUSE DOCKET, NO. 2813        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1382

By Ms. Decker of Cambridge, a petition (accompanied by bill, House, No. 1382) of Marjorie C. Decker, James K. Hawkins and José F. Tosado relative to the commencement of medical malpractice actions involving certain children.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act protecting minor children from medical malpractice.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 4 of chapter 260 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, in line 30, after the word “body” the following words:-

; provided, however, that any such action brought on or behalf of an injured party who at the time of the alleged action was a minor child under the age of eighteen shall be commenced within three years of the discovery of the occurrence of the act or omission which is the alleged cause of the injury upon which the action is based, but no later than seven years after the injured party’s twenty-first birthday, whichever is sooner.