HOUSE AMENDMENT
Bill No. HB 1713
   
1 CHAMBER ACTION
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Senate House
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12          Representative Ambler offered the following:
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14          Amendment to Amendment (527415)
15          Remove lines 27-49, and insert:
16          except with respect to a nonparty or codefendant who meets one
17    of the following criteria:
18          (a) The nonparty or codefendant has entered into a
19    settlement with each of the plaintiffs;
20          (b) The nonparty or codefendant has complete immunity from
21    suit;
22          (c) The statute of limitations involving the nonparty or
23    codefendant expired prior to filing of the presuit notice of
24    intent to initiate medical malpractice litigation; or
25          (d) The nonparty cannot be otherwise legally joined to the
26    suit.
27          (2) If the defendant has reasonable grounds to believe
28    during the presuit investigation that one or more nonparties are
29    liable, in whole or in part, for damages arising out of medical
30    negligence and that such nonparties would be joinable into the
31    action under this section, the defendant must notify the
32    claimant in writing of the identity and reasonable grounds for
33    inclusions of such nonparty in the action within 10 days after
34    obtaining such information.
35          (3) If the defendant has reasonable grounds to believe
36    during the litigation for medical malpractice that one or more
37    nonparties are liable, in whole or in part, for damages arising
38    out of medical negligence and that such nonparties would be
39    joinable into the action under this section, the defendant must
40    file a motion to file a crossclaim against any codefendants so
41    identified and a motion to file a third-party complaint against
42    any nonparties so identified within 10 days after obtaining such
43    information.
44          (4) If the defendant fails to comply with the provisions
45    set forth in this section, then the defendant shall be estopped
46    from asserting the negligence of any nonparty who should have
47    otherwise been joined into the action or any nonparty who is no
48    longer a party to the action and should have been identified as
49    liable, in whole or in part, while a party to the action.
50          (5) Any third party joined into the action under the