Establishes a cause of action for medical monitoring for a person with or without a present injury or disease; establishes a statute of limitation for such cause of action.
Impact
If enacted, this bill would amend the state's existing environmental conservation and civil practice laws. The introduction of a cause of action for medical monitoring could strengthen the legal framework surrounding environmental health risks and increase accountability for entities responsible for toxic releases. This may lead to more proactive measures in managing and monitoring public health risks associated with hazardous substances, prompting industries to adopt better practices to avoid liabilities.
Summary
Bill S07474 aims to establish a cause of action for medical monitoring for individuals exposed to toxic substances, allowing them to seek damages even if they do not yet have a present injury or disease. The legislation introduces definitions for key terms, such as 'toxic substances' and 'medical monitoring', and specifies the conditions under which individuals can initiate legal action. This move is intended to provide an avenue for early detection of latent diseases linked to toxic exposure, thereby potentially improving health outcomes for affected individuals.
Contention
While supporters argue that S07474 will protect public health by facilitating early diagnosis and treatment of diseases stemming from toxic exposures, critics may express concerns over the implications for businesses and their liability. There may be fears that such a bill could lead to a flood of lawsuits, which they argue might discourage industrial development or result in economic burdens on certain sectors. The debate may also center around the adequacy of scientific proof required to establish links between exposure and potential health risks.
Establishes a cause of action for medical monitoring for a person with or without a present injury or disease; establishes a statute of limitation for such cause of action.
Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief and three year statute of limitations on commencement of such an action.
Relates to the statute of limitations for actions based on discriminatory practices in employment; establishes action must be commenced within six years.
Relates to the statute of limitations for actions based on discriminatory practices in employment; establishes action must be commenced within six years.
Relates to notice of disclaimer of liability for certain revived causes of action; provides such notice shall occur within 120 days after the insurer has received actual notice of such revived claim or cause of action.
Relates to notice of disclaimer of liability for certain revived causes of action; such notice shall occur within 120 days after the insurer has received actual notice of such revived claim or cause of action.
Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief.
Establishes a penalty of not less than $1,000 for each intentional destruction, mutilation or significant alteration of a medical record by a party to a medical malpractice action, or by any officer, director, member, employee or agent of such party; establishes a cause of action on behalf of any person injured as the result of such destruction, mutilation or significant alteration; requires disclosure of metadata, audit trail, and log-in information associated with electronic medical records in certain actions.