HB 7077 - Medical Malpractice Summary

• Creates optional communication and resolution program allowing health care providers to offer patients written notice of desire to resolve adverse health care incidents within 180 days, with all program communications privileged and confidential.

• Patients who accept compensation under the communication and resolution program waive their right to bring a medical malpractice action against the provider for that incident.

• Caps noneconomic damages at $500,000 per claimant for medical negligence by practitioners ($1 million aggregate), and $750,000 per claimant for nonpractitioner defendants ($1.5 million aggregate), with higher limits for death or permanent vegetative state if manifest injustice found.

• Limits recoverable medical damages to actual amounts paid by insurance or government programs, plus copayments and deductibles, excluding differences between billed and paid amounts.

• Effective July 1, 2019, with application only to actions arising on or after that date.