Summary of Governor's Medical Malpractive Draft Bill, 2004

-1 Vf /«*■<*£ - C-PJS T уъле. _ТИ2?> - (LG-25 ГЗ - Co*q*£ rtejsjyU. SUMMARY OF GOVERNOR'S MEDICAL MAl ■ Л^ггмзО "Й.ГЧВ A’imi-yLo "by "Feds LPRACT ICE DRAFT BILL MEDICAL EXPERTS - (1) Requires the expert to have had active clinical experience in the defendant’s specialty or a related specialty; (2) requires the expert to be board certified if the defendant is board certified; (31 requires an expert not to engage in more than 20% of professional activities that lead or could lead to personal injury claims; and (4) provides that testimony in a medical malpractice case is considered the practice of » ngedlcine for purposes of disciplinary proceedings by the Board of Physicians. W I ECONOMIC DAMAGES - П) Limits the payment of past medical expenses to the amount paid by or on behalf of thej^eirnanij^)" limit; to hSCRC rates, indexed to the medical consumer Ж! Medicare rate ot reimbursement price index ot inflation; and (3) e: ~ iirom an award or judgment for lost wagg? :s future medical bills to the C&cr tf • (jywSfc о CoU-(^ftlL MEDIATION - Requires the parties in a court case to participate in up-front mediation ii an effort to resolve claims early in the process. PLAINTIFF’S ATTORNEY’S FEES LIMITATIONS - Limits a plaintiffs attorney’s fees to the following percentages of an award or judgment - (1) 40% of the first f щ p art**' .tides any ampafit that would have been paid in taxes NONECONOMIC DAMAGES - (1) Retains the current level of $650,000; (2) eliminates the annual $15,000 escalator; and (3) eliminates the double cap in death cases. PERIODIC PAYMENTS - Requires that awards of judgments for future damages and noneconomic damages in excess of $100,000 be made as periodic payments. Past economic damages must be paid in a lumn sum. In death cases, only future economic damages over $10(1000 must be naid as periodic payments. Past economic damages and noneconomic damages will be paid in a lump sum. Г ; APOLOGIES - Provides that apologies and similar expressions of sympathy by a health care provider are inadmissible as evidence of fault. ,C . CERTIFICATE OTdMERIT - (1) Requires that the initial certificate be filed for each \ defendant; and requires the plaintiff to file a supplemental certificate of merit stating \ with specificity thebreach of the standard of care following the completion of discovery in a case. "Ю-£(Л.1ТХ-£)ЛТаЛ j E VlbV^N?^' AiTSws4 evidence that a claimant will receive uncompensated care (e.g., care from a family member) to be admitted and considered when deciding the issue of damages. COLLATERAL SOURCE FOR GOVERNMENTAL BENEFITS - Requires an award or verdict to be reduced if the claimant will receive benefits or will be reimbursed through a governmental program. lAfc t HAuc\Tb OHjCVS^C. Tad^LL To RiJatT T»t- CI £GL)T&~s -ritj