SB 809 – Requires a defendant served after the statute of limitations has expired for wrongful death or medical negligence claims to be served within one hundred eighty days after the petition has been filed

• Sponsor: Koenig
• LR Number: 5514S.01I
• Committee: Judiciary and Civil and Criminal Jurisprudence
• Last Action: 3/8/2018 - Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee
• Effective Date: August 28, 2018

Current Bill Summary

SB 809 - This act provides that in a claim against a health care provider for damages for malpractice or negligence when the defendant is served after the statute of limitations has expired, if such service is not made within one hundred eighty days of filing the petition then the court shall dismiss the action.

Likewise, in an action for wrongful death when a defendant is served after the statute of limitations has expired and such service is not made within one hundred eighty days of the petition being filed then the court shall dismiss the action.

This act is identical to provisions in SCS/SB 1102 (2018) and to SCS/SB 524 (2017) and substantially similar to HCS/HB 1793 (2018) and to provisions in the truly agreed to and finally passed version of HB 2562 (2018) and the truly agreed to and finally passed version of SB 871 (2018).

JESSI JAMES