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2005 SESSION
HB 1544 Medical malpractice; limitation on noneconomic damage awards.
Introduced by: Jeffrey M. Frederick | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Medical malpractice noneconomic damages. Establishes a $250,000 limitation on noneconomic damage awards (including attorneys' fees) 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.
FULL TEXT
HISTORY
- 11/30/04 House: Prefiled & ordered printed; offered 01/12/05 055360303
- 11/30/04 House: Referred to Committee for Courts of Justice
- 01/14/05 House: Assigned to C. J. sub-committee: Civil Law
- 01/21/05 House: Incorporated by C. J. (HB2659-Kilgore) (20-Y 0-N)