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A 7976

Establishes a penalty and cause of action for intentional destruction of medical records by a party to a medical malpractice action, or by an agent thereof

2025 Regular Session Introduced by Pat Carroll

Imposes a new civil action and penalties against parties or their agents for intentionally destroying medical records in a medical malpractice case.

REFERRED TO JUDICIARY
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WeVote Research Nonpartisan
Bill Summary · A 7976

Summary of A 7976 – Penalty and Cause of Action for Intentional Destruction of Medical Records in Medical Malpractice Actions

Overview

A 7976, introduced April 16, 2025 and currently REFERRED TO JUDICIARY, would create a new penalty and civil cause of action concerning the intentional destruction of medical records in the context of a medical malpractice action. The bill targets conduct by a party to the malpractice action or by an agent of that party. The primary sponsor is Patrick J. Carroll.

What the bill would do

  • Establish a new civil cause of action against a party to a medical malpractice action or that party’s agent for intentionally destroying medical records.
  • Impose a penalty related to this intentional destruction. The specifics of the penalty (amounts, types of penalties, and triggering conditions) would be defined in the bill’s text.

Key provisions (as described)

  • Scope: Applies to medical records and the intentional destruction of those records in the context of a medical malpractice action.
  • Parties potentially liable:
    • Parties named in a medical malpractice action (e.g., plaintiffs, defendants, or their representatives).
    • Agents of those parties (which could include lawyers, insurers, or other entities acting on behalf of the party).
  • Remedies and penalties: The bill creates both a penalty and a civil cause of action. The particular remedies (damages, sanctions, attorney’s fees, injunctive relief, etc.) and the precise penalties are to be detailed in the full text.
  • Intent element: Requires proof that destruction of records was intentional, not inadvertent or inadvertent.

Affected parties and potential impacts

  • Affected: Individuals and entities involved in medical malpractice actions, including healthcare providers, facilities, insurers, attorneys, and their agents.
  • Potential impacts:
    • Heightened incentives for record retention and careful handling of medical records.
    • Increased risk of civil liability and penalties for parties and agents who destroy records intentionally.
    • Possible influence on discovery practices and spoliation risk management.
    • Possible changes in litigation strategy and evidence preservation obligations.

Procedural status and timeline

  • Status: Referred to the Judiciary committee (as of the provided action list).
  • Introduced: April 16, 2025.
  • Next steps: Committee consideration, potential amendments, floor votes, and eventual enactment or passage by the full chamber. If enacted, the bill would specify effective dates and any transition provisions.

Related and companion measures

  • Related bills in prior sessions include S 2474, S 600, S 2531, S 6131, S 3132, S 293, S 163, S 152, each listed as related to A 7976.
  • Companion: S 5774 (listed as a companion).

What to watch

  • The exact definitions (e.g., what records are protected, what constitutes “intentional destruction,” and time limits for bringing the action) and the concrete remedies will be clarified in the full text.
  • Clarifications on retroactivity, limitations periods, defenses, and any cap on damages will shape the bill’s practical impact.
  • Committee hearings and amendments could refine scope, penalties, and procedural provisions.

Compiled from official sources — confirm details with the bill’s official record.

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