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AR SB1162
Bill
Status
4/12/2013
Primary Sponsor
Jonathan Dismang
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AI Summary
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Consolidates all actions against medical care providers for health care injuries into a single remedy under Arkansas Code § 16-114-201 et seq., regardless of whether claims are based in tort, contract, or other legal theories.
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Establishes that medical injury includes adverse consequences arising from negligence, error, omission, lack of informed consent, breach of warranty, contract violation, failure to diagnose, premature abandonment of patients, or failure to maintain equipment.
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Creates Arkansas Code § 16-114-213 establishing that Chapter 114, Subchapter 2 is the sole remedy for any action for medical injury against a medical care provider.
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Directs long-term care facility residents to bring injury claims under § 16-114-201 et seq. and specifies that rights deprivations do not create separate causes of action but may be used as evidence of negligence.
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Preserves punitive damages claims outside the scope of this remedial consolidation and ensures persons are not compensated more than once for the same medical injury.
Legislative Description
To Subsume Various Causes Of Action For Health Care Injuries Under A Single Remedy.
Last Action
Notification that SB1162 is now Act 1196
4/12/2013