Government Relations

UM Legislative Update Newsletter

Friday, April 23, 2004

Tort reform legislation approved by House and Senate

The conference committee substitute includes the following:

• With few exceptions, venue for medical and nonmedical torts will be in a county within the same judicial circuit where the cause of action accrued.
• Nonmedical torts will have similar standards of joint and several liability as are currently in place for medical malpractice suits.
• The cap on noneconomic damages will be $400,000 for all defendants. The conferees defeated an attempt to add an inflation adjustment to the cap. The current cap is $565,000 per defendant.
• There will be a special cap on noneconomic damages of $200,000 for damages incurred in the delivery of trauma care.
• The "per occurrence" and "agency" aspects of the Scott vs. SSM Healthcare St. Louis decision on noneconomic damages are rectified.
• New procedures and standards are created for awarding prejudgment interest
• Clarifications to the awarding of punitive damages. The conference committee eliminated a requirement that such awards be based on clear and convincing evidence.
• Lawsuits must be accompanied by affidavits of merit from those licensed in substantially the same profession and authorized to practice in substantially the same specialty as the defendant. The qualifications of those submitting affidavits of merit will be reviewed in camera by the court upon the request of any defendant.
• New standards are established for the payment of future medical damages.
  

April 23, 2004 Index