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Senate Bill 152

Introduced Senate Bill (S)

DIGEST

Medical malpractice. Increases the maximum amount recoverable for an injury or a death of a patient in a medical malpractice action from $1,250,000 to $1,650,000 after December 31, 2016. Increases the maximum amount recoverable from a health care provider in a medical malpractice action from $250,000 to $450,000 after December 31, 2016. Requires the insurance commissioner to increase these maximum amounts based on percentage increases of the Consumer Price Index (CPI): (1) beginning January 1, 2019, if there was an overall CPI percentage increase for calendar years 2016, 2017, and 2018; and (2) on January 1 every four calendar years Medical malpractice. Increases the maximum amount recoverable for an injury or a death of a patient in a medical malpractice action from $1,250,000 to $1,650,000 after December 31, 2016. Increases the maximum amount recoverable from a health care provider in a medical malpractice action from $250,000 to $450,000 after December 31, 2016. Requires the insurance commissioner to increase these maximum amounts based on percentage increases of the Consumer Price Index (CPI): (1) beginning January 1, 2019, if there was an overall CPI percentage increase for calendar years 2016, 2017, and 2018; and (2) on January 1 every four calendar years thereafter based on an overall CPI percentage increase for the preceding four calendar years, if there was an overall percentage increase in the CPI during the preceding four calendar years. Allows a patient to commence a medical malpractice action without submitting a complaint to a medical review panel if the patient seeks damages in an amount not greater than $75,000. (Current law states the amount must be not greater than $15,000.) Provides that the cost of a periodic payments agreement expended by a health care provider must exceed: (1) $187,000 for an occurrence of medical malpractice that occurs before January 1, 2017; and (2) 75% of the maximum amount a health care provider is responsible for for an occurrence of medical malpractice that occurs after December 31, 2016. Provides that a party, attorney, or panelist who fails to act as required under the medical malpractice law is subject to mandate and appropriate sanctions, including: (1) entry of a default judgment as to liability; and (2) allowing a case to be commenced in a court without presenting the case to a medical review panel. Amends the amount of attorney's fees a plaintiff's attorney may recover in a medical malpractice action. Makes conforming amendments. ... View more