Amends TCA Title 9, Chapter 8, Part 3; Title 29, Chapter 34; Title 29, Chapter 20 and Title 49, Chapter 7, Part 1.
In any claim alleging loss, damage, injury, or death arising from COVID-19, present law requires that the claimant file a verified complaint pleading specific facts with particularity from which a finder of fact could reasonably conclude that the alleged loss, damage, injury, or death was caused by the defendant's gross negligence or willful misconduct. Among the subjects that "arise from COVID-19" under present law is damage alleged to have occurred from delaying or modifying the schedule or performance of any medical procedure. This bill adds damage alleged to have occurred from delaying or modifying the schedule or performance of any dental procedure to the definition of "arising from COVID-19" and for which a verified complaint is required.
In any claim alleging loss, damage, injury, or death arising from COVID-19, present law requires that the claimant file a verified complaint pleading specific facts with particularity from which a finder of fact could reasonably conclude that the alleged loss, damage, injury, or death was caused by the defendant's gross negligence or willful misconduct. Among the subjects that "arise from COVID-19" under present law is damage alleged to have occurred from delaying or modifying the schedule or performance of any medical procedure. This bill adds damage alleged to have occurred from delaying or modifying the schedule or performance of any dental procedure to the definition of "arising from COVID-19" and for which a verified complaint is required.
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