CD CIV PRO-MEDICAL MALPRACTICE
Summary
Amends the Code of Civil Procedure. Requires that the report from the reviewing health professional for a pro se plaintiff in a medical malpractice action contain the name and address of the reviewing health professional and documentation of compliance with the qualifying requirements for being a reviewing health professional. Provides that a reviewing health professional that provides frivolous or improper review of a case shall be liable to each of the parties for the reasonable costs and attorneys' fees expended in resolving the case. Provides that a review shall be found frivolous if it is substantially lacking in factual support, is based upon a standard of care or practice that lacks substantial use in the relevant specialty or field of practice, or is made for an improper purpose, such as to harass or cause needless increase in the cost of litigation. Limits the extension to one 90-day extension for a pro se plaintiff who was unable to obtain a reviewing physician's reports and who has not previously voluntarily dismissed an action based upon the same or substantially the same acts, omissions, or occurrences.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2004
Committee Review
Floor Vote
Governor
Introduced Feb 6, 2004
Last action Jan 11, 2005
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
21
Key actions
0
Committee
1
Feb 6, 2004
Committee
Referred to Rules Committee
lower
0 primary · 1 co-sponsor
Sponsors
No sponsor information available.
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