HB 326 Summary

• Amends Delaware Code Title 18 to eliminate time restrictions on civil lawsuits for sexual abuse of patients by healthcare providers, allowing claims to be filed at any time after the abuse occurs.

• Establishes a 2-year "look-back" window from the bill's enactment for patients whose prior claims were barred by the former statute of limitations to file new civil suits.

• Permits damages against healthcare institutions or employers only upon a finding of gross negligence, if the institution owned a duty of care to the patient or had responsibility or control over the provider's activities.

• Allows defendants to recover attorney's fees if the court independently determines a false accusation was made with no basis in fact and with malicious intent, excluding verdicts alone as proof of falsity.

• Requires that civil causes of action for sexual abuse be based on acts that would constitute criminal offenses under Delaware Code.