Bill > H418

This bill, titled "Improving patients' access to timely compensation," proposes changes to the legal process for filing lawsuits against healthcare providers, aiming to regulate the timeframe for commencing such actions. Primarily, it introduces a new section to Chapter 231 of the General Laws that requires individuals to provide written notice to a healthcare provider at least 182 days before filing a lawsuit, detailing the factual basis of the claim, the alleged standard of care, how it was breached, what actions should have been taken, and how the breach caused the injury. This notice period can be shortened to 91 days under specific circumstances, such as when the claimant has already notified other involved healthcare providers and is suing for medical malpractice. Within 56 days of receiving notice, the claimant must provide access to relevant medical records, and within 154 days, the healthcare provider must respond with their defense. If no response is received, or if the provider indicates they will not settle, the claimant can proceed with filing a lawsuit. Additionally, the bill amends Chapter 233 of the General Laws to ensure that any expressions of sympathy, regret, or apology made by a healthcare provider or facility to a patient or their representative regarding an "unanticipated outcome" (an outcome different from the intended result of medical care) are inadmissible as evidence in legal proceedings and do not constitute an admission of fault.