Bill Summary for H 796 (2023-2024)

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Summary date: 

Apr 20 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 796 (Public) Filed Tuesday, April 18, 2023
AN ACT TO ALLOW CLAIMS OF ACTION FOR WRONGFUL DEATH OR INJURY AGAINST A HEALTH CARE PROVIDER ARISING AFTER MARCH 1, 2020, TO BE FILED IF OTHERWISE TIME-BARRED.
Intro. by A. Jones.

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Bill summary

Enacts new GS 90-21.19A (temporary civil authorization for injury or death in certain circumstances) that authorizes a patient or personal representative of a patient to bring an action for death or injuries alleged to have resulted from medical malpractice arising out of a health care provider's performance of or failure to perform professional services in a court of competent jurisdiction, if (1) the alleged death or injury arose on or after March 1, 2020, and (2) the alleged death or injury was not the direct result of the patient contracting COVID-19 (i.e., the disease caused by the SARS-CoV-2 virus). Sunsets one year after the act becomes law. Effective from March 1, 2020, until one year after the act becomes law, GS 90-21.19A revives any civil action for a claim of wrongful death under GS Chapter 28A or medical malpractice claim under Article 1B of GS Chapter 90, or any other appropriate civil action brought under the laws of this State, otherwise time-barred under GS 1-15 or GS 1-17 as it existed immediately before the enactment of GS 90-21.19A.

Effective when the act becomes law and applies to claims that arose on or after March 1, 2020, and one year after the act becomes law.