General Assembly Raised Bill No. 5430 seeks to amend the legal framework for filing claims against the state related to medical malpractice and injuries on public recreational lands. The bill introduces provisions that empower the Claims Commissioner, Deputy Claims Commissioner, or a special deputy to authorize lawsuits against the state for claims that could establish liability if the state were a private entity. Claimants can file a motion for approval to sue without a hearing by submitting an affidavit affirming the validity of their claim. If a claim is pending for over eighteen months, claimants can notify relevant parties, prompting the Claims Commissioner to expedite a decision within ninety days.

The legislation also repeals the requirement for a certificate of good faith in medical malpractice claims against the state, mandating that all such claims arising on or after July 1, 2026, be filed directly in the Superior Court, where the state waives its immunity and aligns its liability with that of private individuals. Additionally, the bill establishes a one-year statute of limitations for these actions, modifies the definition of "owner" to include the state and governmental entities, and requires the Attorney General to report annually to the General Assembly on the status of authorized actions. These changes aim to streamline the claims process, enhance accountability, and ensure consistency in how medical malpractice claims are handled in relation to private sector standards.

Statutes affected:
Raised Bill: 52-557f