SSB 3150

This bill relates to civil actions, including the total amount of noneconomic damages recoverable in a civil action for personal injury or death against a health care provider and evidence offered to prove past medical expenses. _____ 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. Current law also provides that the limitation on damages shall not apply as to a defendant if the defendant’s actions constituted actual malice. The bill eliminates the exception to the limitation of $250,000 that would allow the jury to determine if the imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained. Under the bill, “noneconomic damages” means damages arising from pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering, loss of chance, loss of consortium, or any other nonpecuniary damages. The bill also provides that evidence offered to prove past medical expenses shall be limited to evidence of the amounts that were actually paid to satisfy bills that have been satisfied and evidence of the amounts necessary to satisfy the bills that have not yet been satisfied. The bill does not impose an affirmative duty to seek a reduction in billed charges to which the party is not contractually entitled.