How SF 189 changes current law

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill exempts claims involving sexual assault from the limitations on noneconomic damages in medical malpractice cases.

• Section 147.136A

  The limitation on damages contained in this section shall not apply as to a defendant if that any of the following are true: → The limitation on damages contained in this section shall not apply as to a defendant if any of the following are true:

  Clarifies the language regarding the conditions under which the limitation on damages does not apply.

• Section 147.136A

  That defendant’s action is sexual in nature regardless of either of the following:

  Establishes that if a defendant's actions are sexual in nature, they are exempt from the limitation on noneconomic damages.

• Section 147.136A

  (1) The act was committed under auspice of providing professional diagnosis, counseling, or treatment.

  Includes actions committed under medical auspices as a criterion for exemption from damage limitations.

• Section 147.136A

  (2) At the time the act occurred, the patient believed the act was for medically or professionally appropriate diagnosis, counseling, or treatment.

  Considers the patient's belief about the appropriateness of the medical actions as a factor for the exemption.