SSB 3011

This bill relates to civil procedure, including disclosures that may be made to a jury and the availability of certain medical records. The bill prohibits the jury from being informed of a damages cap applied by the court after a verdict is rendered in medical malpractice cases. _____ litigation, the bill provides that the material is discoverable by the adverse party. The bill seals psychological test material from the subject of the test in civil sexual assault actions and is only discoverable by those directly involved in the litigation. The bill allows the adverse party to present evidence of the plaintiff’s medical expenses if the plaintiff fails to offer evidence to prove the medical expenses. The bill allows mental and physical condition records held in a professional capacity to be discoverable by the adverse party by written request to the plaintiff. The plaintiff cannot refuse to waive confidentiality of those records if the plaintiff is claiming physical pain and suffering, mental pain and suffering, loss of full body and mind, or emotional distress. If the plaintiff does object to the record request, the plaintiff has the burden of proof that the information sought is not relevant to the subject matter of the action and reasonably calculated to lead to the discovery of admissible evidence. The bill expands the disclosure available to the jury of actual economic losses as a result from the injury to also include past lost wages, future loss of earning capacity, workers’ compensation, and disability benefits. The bill prohibits disclosure of the newly enacted damages caps to the jury applied by the court after a verdict is rendered in commercial motor vehicle tort cases.