Sec. 1. 22 MRSA §8753, sub-§5 is enacted to read:

5.__Report to patient or patient's representative.__A health care facility that submits a report under subsection 2 shall provide a copy of the report to the patient or the patient's representative within 5 days of submitting the report to the division.

Sec. 2. 24 MRSA §2902, first ¶, as repealed and replaced by PL 1985, c. 804, §§13 and 22, is amended to read:

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 when the plaintiff discovers or reasonably should have discovered the harm. 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 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 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.

Sec. 3. 24 MRSA §2907 is enacted to read:

§2907.__Punitive damages

In addition to any other remedy allowed by law, a person who has been injured by the professional negligence or intentional professional misconduct of a health care practitioner or health care provider has a cause of action for punitive damages against the employer of that health care practitioner or health care provider if:

1.__Knowledge of prior acts.__The employer had actual or constructive knowledge of prior acts of professional negligence or intentional professional misconduct committed by that health care practitioner or health care provider; and

2.__Failed to protect.__The employer failed to take reasonable measures to protect patients from that health care