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2004 SESSION

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SB 601 Risk management plans; incl. med. malpractice liability insur. for phys. & sole community hospitals.

Introduced by: Stephen D. Newman | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Medical malpractice insurance. Provides that certain qualifying physicians and sole community hospitals may purchase medical malpractice insurance from the risk management plan administered by the Department of Treasury. Sole community hospitals also may purchase general liability coverage. These provisions of the bill are not effective until July 1, 2006. The bill establishes a joint subcommittee to study issues surrounding risk management plans. The subcommittee will meet in the 2004 interim.

SUMMARY AS PASSED SENATE:

Medical malpractice insurance. Provides that certain qualifying physicians and community hospitals may purchase medical malpractice insurance from the risk management plan administered by the Department of Treasury. The bill requires a legislative study of the availability and affordability of medical malpractice liability insurance for physicians and hospitals.

SUMMARY AS INTRODUCED:

Noneconomic damages; limitation. Establishes a $250,000 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 $250,000, 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. The bill also allows periodic payments of future damages where the amount of the future damage is more than $50,000. In addition, the defendant is allowed to introduce evidence of reimbursement that the plaintiff obtained for expenses related to the injury.