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 1) What makes giving of notice effective? How do you prove it? 2) Must notice be given to medical groups, and hospitals? What about nurses? 3) 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 1) Plaintiff must file within 90 days after filing Complaint 2) Certify consultation with 1 or more experts who provided signed, written statement a) Expert is competent under §29-26-115 b) Believes good faith basis for suit c) OR material information unavailable but still believes good faith basis for maintaining suit

5. Certificate of Good Faith in a Nutshell 3) Same Certificate required of defendants asserting comparative fault of a non-party: a) 30 days after allegation b) The “expert” may include the defendant healthcare provider 4) Failure of Plaintiff to file shall, upon motion, make action subject to dismissal with prejudice 5) 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 6) Court may grant extension 7) Written statement only available in limited circumstances 8) Can’t get medical records shall waive requirement expert review 9) Expert can be compelled to testify 10) Sanctions