2018 -- S 2865

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LC005533

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURES GENERALLY -

CAUSES OF ACTION

     Introduced By: Senators Lynch Prata, Archambault, Lombardi, Nesselbush, and Jabour

     Date Introduced: May 03, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 9-1-14.1 of the General Laws in Chapter 9-1 entitled "Causes of

Action" is hereby amended to read as follows:

     9-1-14.1. Limitation on malpractice actions.

     Notwithstanding the provisions of §§ 9-1-13 and 9-1-14, an action for medical,

veterinarian, accounting, or insurance or real estate agent or broker malpractice shall be

commenced within three (3) years from the time of the occurrence of the incident which gave rise

to the action; provided, however, that:

     (1) One who is under disability by reason of age, mental incompetence, or otherwise, and

on whose behalf no action is brought within the period of three (3) years from the time of the

occurrence of the incident, shall bring the action within three (3) years from the removal of the

disability the action at any time up to twenty-one (21) years of age.

     (2) One who is under disability by reason of mental incompetence, or otherwise, and on

whose behalf no action is brought within the period of three (3) years from the time of the

occurrence of the incident, shall bring the action within three (3) years from the removal of the

disability.

     (2)(3) In respect to those injuries or damages due to acts of medical, veterinarian,

accounting, or insurance or real estate agent or broker malpractice which could not in the exercise

of reasonable diligence be discoverable at the time of the occurrence of the incident which gave

rise to the action, suit shall be commenced within three (3) years of the time that the act or acts of

the malpractice should, in the exercise of reasonable diligence, have been discovered.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURES GENERALLY -

CAUSES OF ACTION

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     This act would allow a minor to bring specified malpractice actions at any time up to

reaching twenty-one (21) years of age.

     This act would take effect upon passage.

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LC005533

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