Chapter 273

2018 -- S 2865 Enacted 07/02/2018

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

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 that

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 that could not in the

exercise of reasonable diligence be discoverable at the time of the occurrence of the incident

which that 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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LC005533

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