Bill > H2194

This bill modifies existing Massachusetts law concerning medical malpractice claims by providing immunity from civil liability for physicians and nurses administering immunizations or participating in public health programs, and for those registered with the Massachusetts System for Advance Registration of Volunteer Health Professionals who voluntarily assist in disaster preparedness or response. It also reduces the statutory cap on certain damages in medical malpractice cases from $500,000 to $250,000. Furthermore, the bill introduces new provisions requiring that in malpractice lawsuits, any expert witness must be board-certified in the same specialty as the defendant healthcare provider. It also allows courts, upon request and if future damages awarded equal or exceed $50,000, to order that these future damages be paid in periodic installments rather than a lump sum, with specific conditions for modification and enforcement, and clarifies that damages for loss of future earnings will be paid to dependents or assignees upon the plaintiff's death. Finally, the bill mandates that in malpractice actions, each defendant's liability for damages will be several, meaning they are only responsible for their proportionate share of fault, not the entire amount.