Relating to noneconomic, punitive, and exemplary damage awards against health care providers and hospitals

This bill relates to noneconomic, punitive, and exemplary damage awards against health care providers. Under current law, the damages for loss of dependent care due to death of or severe injury to a spouse or parent who is the primary caregiver are considered economic damages. The bill repeals this provision and provides that economic damages do not include loss of dependent care. Current law limits the amount of noneconomic damages that a jury can award a plaintiff to $250,000, but provides an exception for cases where a jury finds that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, loss of pregnancy, or death in which case the limit is increased to $1 million, or $2 million if the action includes a hospital. The bill provides that if the exception to the $250,000 cap applies, there is no limit to the amount of noneconomic damages that may be awarded, and removes loss of pregnancy as a qualifying exception.1 percent annual increase in the damages cap. The bill repeals this provision. Under current law, punitive or exemplary damages may be awarded if, by a preponderance of clear, convincing, and satisfactory evidence, the conduct of the defendant from which the claim arose constituted willful and wanton disregard for the rights or safety of another. In cases involving a medical provider or hospital and arising out of medical care, the full amount of the award of punitive or exemplary damages shall be paid to the claimant. Under the bill, in cases involving a medical provider or hospital and arising out of medical care, the amount of punitive and exemplary damages paid to a claimant shall not exceed percent, with the remainder awarded to the civil reparations trust fund, unless the conduct of the defendant was directed specifically at the claimant, or at the person from which the claimant’s claim is derived. Funds in the civil reparations trust are used for purposes of indigent civil litigation programs or insurance assistance programs.