Senate Bill 193, January 23, 2004

D3 SENATE BILL 193 4Ir0104 CF 41r0147 By: The President (By Request - Administration) and Senators Astle, Brinkley, Dyson, Greenip, Hafer, Harris, Hooper, Jacobs, Kittleman, Pipkin, and Schrader Introduced and read first time: January 23, 2004 Assigned to: Judicial Proceedings A BILL ENTITLED 1 AN ACT concerning 2 Maryland Medical Injury Compensation Reform Act 3 FOR the purpose of establishing a certain limitation on noneconomic damages for 4 medical injuries for causes of action arising on and after a certain date; 5 providing that this limitation applies in the aggregate to all claims arising from 6 the same medical injury; requiring the itemization of certain awards and 7 verdicts; providing that certain provisions relating to advanced payments do not 8 apply to certain causes of action; allowing certain parties in cases involving 9 medical injuries to make certain offers of judgment; establishing procedures 10 relating to offers of judgment; requiring a party who does not accept an offer of 11 judgment to pay certain costs and attorney’s fees if the judgment obtained is not 12 more favorable than the offer of judgment; prohibiting a jury from being 13 informed of certain limitations; requiring that an award or verdict of economic 14 damages exclude certain amounts for past or future medical expenses and past 15 or future loss of earnings; requiring periodic payments of certain damages in 16 excess of a certain amount for certain causes of action; establishing procedures 17 and requirements relating to periodic payments and annuities for funding 18 periodic payments; providing that certain provisions relating to damages in 19 personal injury and wrongful death cases apply to causes of action for medical 20 injuries arising before a certain date and do not apply to causes of action for 21 medical injuries arising on or after a certain date; defining certain terms; 22 making the provisions of this Act severable; and generally relating to medical 23 injury compensation reform. 24 BY repealing and reenacting, with amendments, 25 Article - Courts and Judicial Proceedings 26 Section 3-2A-01, 3-2A-05(e), 3-2A-06(f), 3-2A-08, 3-2A-09, ll-108(c), and 27 ll-109(c) and (d) 28 Annotated Code of Maryland 29 (2002 Replacement Volume and 2003 Supplement) 30 BY adding to 31 Article - Courts and Judicial Proceedings EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law.