Notice Requirements in a Nutshell

1
Notice Requirements in a Nutshell

1. Written notice to healthcare providers
2. With list of others receiving notice
3. 60 days prior to filing suit
4. Extends SOL and SOR by 90 days
5. Complaint must state compliance and provide proof
   thereof
6. Court may excuse compliance only where
   Extraordinary cause is shown
7. Notice requirement does not apply to those made
   party after suit filed

2
Questions About Notice Requirement

• What makes giving of notice effective? How do you
  prove it?
• Must notice be given to medical groups, and
  hospitals? What about nurses?
• What about the SOL SOR as to parties brought in
  under 20-1-119?

3
Medical Records Production in a Nutshell

1. A party shall provide a complete copy within 30
   days of request
2. or provide medical authorization

4
Certificate of Good Faith in a Nutshell

• Plaintiff must file within 90 days after filing
  Complaint
• Certify consultation with 1 or more experts who
  provided signed, written statement
• Expert is competent under 29-26-115
• Believes good faith basis for suit
• OR material information unavailable but still
  believes good faith basis for maintaining suit

5
Certificate of Good Faith in a Nutshell

• Same Certificate required of defendants asserting
  comparative fault of a non-party
• 30 days after allegation
• The expert may include the defendant healthcare
  provider
• Failure of Plaintiff to file shall, upon motion,
  make action subject to dismissal with prejudice
• Failure of Defendant to file shall, upon motion,
  shall make such allegations subject to being
  stricken with prejudice

6
Certificate of Good Faith in a Nutshell

1. Court may grant extension
2. Written statement only available in limited
   circumstances
3. Cant get medical records shall waive requirement
   expert review
4. Expert can be compelled to testify
5. Sanctions