An Act To Extend the Statute of Limitations on Certain Civil Professional Negligence Suits

Sec. 1. 14 MRSA §853,  as amended by PL 1985, c. 343, §2, is further amended to read:

§ 853. Persons under disability may bring action when disability removed

If a person entitled to bring any of the actions under sections 752 to 754, including section 752-C, and under sections 851 , and 852 and Title 24, section sections 2902 and 2902-B is a minor, mentally ill, imprisoned or without the limits of the United States when the cause of action accrues, the action may be brought within the times limited herein after the disability is removed.

Sec. 2. 24 MRSA §2902,  as repealed and replaced by PL 1985, c. 804, §§13 and 22, is amended to read:

§ 2902. Statute of limitations for health care providers and health care practitioners excluding claims based on sexual acts

Actions Except as provided in section 2902-B, actions for professional negligence shall must be commenced within 3 years after the cause of action accrues. For the purposes of this section, a cause of action accrues on the date of the act or omission giving rise to the injury. Notwithstanding the provisions of Title 14, section 853, relating to minority, actions for professional negligence by a minor shall must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs. This section does not apply where when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action shall accrue accrues when the plaintiff discovers or reasonably should have discovered the harm. For the purposes of this section, the term "foreign object" does not include a chemical compound, prosthetic aid or object intentionally implanted or permitted to remain in the patient's body as a part of the health care or professional services.

If the provision in this section reducing the time allowed for a minor to bring a claim is found to be void or otherwise invalidated by a court of proper jurisdiction, then the statute of limitations for professional negligence shall be is 2 years after the cause of action accrues, except that no claim brought under the 3-year statute may be extinguished by the operation of this paragraph.

Sec. 3. 24 MRSA §2902-B  is enacted to read:

§ 2902-B.  Statute of limitations for health care providers and health care practitioners for claims based on sexual acts

Except as provided in Title 14, section 752-C, actions for professional negligence based on a sexual act must be commenced within 10 years after the cause of action accrues. For purposes of this section, a cause of action accrues on the date of the act or omission giving rise to the injury. For purposes of this section, "sexual act" means the following acts:

Sec. 4. Application. This Act applies to the following actions for professional negligence against health care providers and health care practitioners when the action is based on a sexual act or sexual contact:

1. An action based on a sexual act or sexual contact occurring on or after the effective date of this Act; and

2. An action for which the claim has not yet been barred pursuant to the Maine Revised Statutes, Title 24, section 2902, excluding the exceptions under Title 24, section 2902-B.

summary

This bill extends the statute of limitations for professional negligence actions against health care providers and health care practitioners when the action is based on a sexual act or sexual contact. The bill provides that the new statute of limitations applies to all actions based on a sexual act or sexual contact occurring on or after the effective date of the Act and all actions for which the claim has not yet been barred by the previous statute of limitations.