Title 29, Remedies and Special Proceedings

(a) In a health care liability action, the claimant shall have the burden of proving by evidence as provided by subsection (b):(1) The recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the …

(a) (1) The statute of limitations in health care liability actions shall be one (1) year as set forth in § 28-3-104.(2) In the event the alleged injury is not discovered within such one-year period, the period of limitation shall be one (1) year from the date of such discovery.(…

In a health care liability action the pleading filed by the plaintiff may state a demand for a specific sum, but such demand shall not be disclosed to the jury during a trial of the case notwithstanding § 20-9-302 to the contrary.

In a health care liability action, the plaintiff shall prove by evidence as required by § 29-26-115(b) that the defendant did not supply appropriate information to the patient in obtaining informed consent (to the procedure out of which plaintiff's claim allegedly arose) in accor…

(a) As used in this section, “actual economic losses” means the financial costs incurred by the claimant by reason of the personal injury, including the cost of reasonable and necessary medical care, rehabilitation services, and custodial care. (b) In all health care liability ac…

Compensation for reasonable attorneys' fees in the event an employment contract exists between the claimant and claimant's attorney on a contingent fee arrangement shall be awarded to the claimant's attorney in a health care liability action in an amount to be determined by the c…

(a) (1) Any person, or that person's authorized agent, asserting a potential claim for health care liability shall give written notice of the potential claim to each health care provider that will be a named defendant at least sixty (60) days before the filing of a complaint base…

(a) In any health care liability action in which expert testimony is required by § 29-26-115, the plaintiff or plaintiff's counsel shall file a certificate of good faith with the complaint. If the certificate is not filed with the complaint, the complaint shall be dismissed, as p…

The title of this part is, and may be cited as, the “Therapist Sexual Misconduct Victims Compensation Act.”

It is the intention of the general assembly to provide victims of sexual misconduct by a therapist with a legal remedy, including significant compensatory damages and a more reasonable statute of limitations. It is intended to prevent sexual misconduct by a therapist by imposing …

(1) As used in this part, unless the context otherwise requires:(1) “Claimant” means any of the following:(A) The victim;(B) The parents of the victim where the victim is still a minor;(C) The legal guardian of the victim if the victim is not competent to assert such victim's leg…

(1) A cause of action for sexual misconduct exists for a claimant where the sexual misconduct occurred:(1) During the time when the patient was receiving therapy from the therapist;(2) After the patient has stopped receiving therapy from the therapist if the patient is still emot…

(1) A therapist does not violate § 29-26-204 if the patient is:(1) The spouse of the therapist and was married to the therapist prior to the establishment of the therapist-patient relationship; or(2) The sexual relationship began prior to the establishment of the therapist-patien…

(a) An employer of a therapist may be liable under § 29-26-204 if sexual misconduct occurred as provided in § 29-26-204, and either of the following applies:(1) The employer fails to take reasonable action when the employer knows or has reason to know that the therapist has engag…

In an action for sexual misconduct, the victim's sexual history is not admissible as evidence except to prove that the sexual behavior occurred with the therapist prior to the provision of therapy to the patient by the therapist. During discovery, only evidence of the victim's se…

(a) The statute of limitations in sexual misconduct actions is two (2) years from the date the alleged injury occurred or is discovered, whichever is later. For purposes of this section, discovery of the alleged injury occurs after therapy ends, the victim is no longer emotionall…

(1) The claimant may recover for damages caused by the sexual misconduct. Such damages include, but are not limited to:(1) Reasonable economic losses caused by the emotional, mental or physical effects of the sexual misconduct, including, but not limited to:(A) The cost of counse…

This part is declared to be remedial in nature and this part shall be liberally construed to effectuate its purposes.