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2008 SESSION

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HB 1282 Medical Malpractice Settlement Offer and Recovery Act; established.

Introduced by: Clifford L. Athey, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Medical Malpractice Settlement Offer and Recovery Act.  Provides that a defendant in a medical malpractice case may make an irrevocable settlement offer within 180 days after responsive pleadings were filed. The offer shall provide for the payment of the plaintiff's net compensatory damages and attorney fees in an amount equal to 10 percent of these damages, however it shall not provide for punitive or exemplary damages.  The plaintiff has 30 days to accept or reject the offer. If the offer is rejected, the plaintiff's case proceeds with the increased burden that he prove by clear and convincing evidence that his injuries resulted from the defendant's gross negligence or wanton and willful misconduct.

FULL TEXT

• 01/09/08  House: Prefiled and ordered printed; offered 01/09/08 082221544  pdf

HISTORY

• 01/09/08  House: Prefiled and ordered printed; offered 01/09/08 082221544
• 01/09/08  House: Referred to Committee for Courts of Justice
• 01/16/08  House: Assigned Courts sub: Civil
• 02/12/08  House: Left in Courts of Justice