Bill > H421

This bill aims to regulate the timeframe for initiating legal actions against healthcare providers, commonly known as medical malpractice lawsuits. It mandates that before filing such a lawsuit, a patient must provide the healthcare provider with a written notice of their intent to sue, 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 is generally 182 days, but can be shortened to 91 days under specific circumstances, such as when the claimant has already notified other involved providers and has filed a lawsuit against them, but could not have reasonably identified the current provider earlier. During this notice period, the claimant must also provide access to relevant medical records. The healthcare provider then has 154 days to respond with their defense. If the provider fails to respond within this timeframe, or if they explicitly state they do not intend to settle, the claimant can then proceed with filing a lawsuit, provided it's not already past the statute of limitations. Additionally, the bill clarifies 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 what was intended, regardless of cause) cannot be used as evidence of liability in court.