HOUSE AMENDMENT |
Bill No. HB 1713 |
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CHAMBER ACTION |
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Representative Ambler offered the following: |
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Amendment to Amendment (527415) |
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Remove lines 27-49, and insert:
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except with respect to a nonparty or codefendant who meets one |
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of the following criteria:
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(a) The nonparty or codefendant has entered into a |
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settlement with each of the plaintiffs;
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(b) The nonparty or codefendant has complete immunity from |
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suit;
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(c) The statute of limitations involving the nonparty or |
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codefendant expired prior to filing of the presuit notice of |
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intent to initiate medical malpractice litigation; or
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(d) The nonparty cannot be otherwise legally joined to the |
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suit.
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(2) If the defendant has reasonable grounds to believe |
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during the presuit investigation that one or more nonparties are |
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liable, in whole or in part, for damages arising out of medical |
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negligence and that such nonparties would be joinable into the |
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action under this section, the defendant must notify the |
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claimant in writing of the identity and reasonable grounds for |
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inclusions of such nonparty in the action within 10 days after |
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obtaining such information.
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(3) If the defendant has reasonable grounds to believe |
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during the litigation for medical malpractice that one or more |
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nonparties are liable, in whole or in part, for damages arising |
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out of medical negligence and that such nonparties would be |
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joinable into the action under this section, the defendant must |
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file a motion to file a crossclaim against any codefendants so |
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identified and a motion to file a third-party complaint against |
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any nonparties so identified within 10 days after obtaining such |
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information.
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(4) If the defendant fails to comply with the provisions |
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set forth in this section, then the defendant shall be estopped |
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from asserting the negligence of any nonparty who should have |
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otherwise been joined into the action or any nonparty who is no |
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longer a party to the action and should have been identified as |
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liable, in whole or in part, while a party to the action.
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(5) Any third party joined into the action under the |