Sec. 1. 24 MRSA §2902, as repealed and replaced by PL 1985, c. 804, §§13 and 22, is amended to read:

§2902. Statute of limitations for health care providers and

health care practitioners

Actions Except as provided in section 2902-B, actions for professional negligence shall must be commenced within 3 years after the cause of action accrues. For the purposes of this section, a cause of action accrues on the date of the act or omission giving rise to the injury. Notwithstanding the provisions of Title 14, section 853, relating to minority, actions for professional negligence by a minor shall must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs. This section does not apply where when the cause of action is based upon the leaving of a foreign object in the body, in which case the cause of action shall accrue accrues when the plaintiff discovers or reasonably should have discovered the harm. For the purposes of this section, the term "foreign object" does not include a chemical compound, prosthetic aid or object intentionally implanted or permitted to remain in the patient's body as a part of the health care or professional services.

If the provision in this section reducing the time allowed for a minor to bring a claim is found to be void or otherwise invalidated by a court of proper jurisdiction, then the statute of limitations for professional negligence shall be is 2 years after the cause of action accrues, except that no a claim brought under the 3-year statute may not be extinguished by the operation of this paragraph.

Sec. 2. 24 MRSA §2902-B is enacted to read:

§2902-B.__Statute of limitation and other procedures in wrongful

death action

In an action for professional negligence for wrongful death, the action may be commenced within the limitation period set forth in Title 18-A, section 2-804, subsection (b) if the death occurred within 3 years after the date of the act or omission giving rise to the death.__In such an action, all provisions of Title 18-A, section 2-804 apply.

SUMMARY

Under the Maine Health Security Act, the current statute of limitations for a commencement of a lawsuit based on the