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2004 SESSION

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SB 216 Medical malpractice; limitation on recovery and on noneconomic damage awards.

Introduced by: H. Russell Potts, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Limitation on recovery in medical malpractice actions; limitation on noneconomic damages. Strikes the previously scheduled increases in the medical malpractice recovery cap that were to occur in 2005, 2006, 2007, and 2008. Current law provides, pursuant to the struck language, for the $1.5 million cap to increase by $50,000 each year from 2000 to 2006 and to increase by $75,000 in 2007 and 2008. Pursuant to this provision, the last increase would be $50,000 in 2004. The bill also establishes a $500,000 limitation on noneconomic damage awards in medical malpractice suits, i.e., pain and suffering awards. This provision also provides that, for the purposes of applying this limitation, future noneconomic damages will not be discounted to present value. Further, if separate awards are rendered for past and future noneconomic damages and the combined awards exceed $500,000, the future noneconomic damages will be reduced first. Juries will not be informed about the maximum award for noneconomic damages. "Noneconomic damages" includes physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, and other related nonpecuniary losses.


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