Bill > HF102

Introduced Session

This bill relates to noneconomic damage awards against health care providers. Current law provides that in a civil action brought against a health care provider, the maximum amount of noneconomic damages that a patient may recover for personal injury or death is $250,000, unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or death, which warrants a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained. In such a case, there is no cap on the amount of noneconomic damages that a patient may recover. The bill makes two changes to current law. First, the bill establishes that the definition of nonecomonic damages does not include the loss of dependent care due to the death of or severe injury to a spouse or parent who is the primary caregiver of a child or disabled adult. Instead, such damages are economic damages. Second, the bill provides a $1 million cap on noneconomic damages when the jury finds that there is substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or death which warrants exceeding the $250,000 cap. The bill does not amend the current exception to the cap for cases in which the defendant’s actions constitute actual malice. The bill takes effect upon enactment and applies to causes of action accrued on or after that date.

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Joel Fry (R)*,  Ann Meyer (R)*, 

Withdrawn. H.J. 274. (on 02/08/2023)

Official Document