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HI SB592
Bill
Status
1/21/2011
Primary Sponsor
William Espero
Click for details
AI Summary
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Creates new sanctions available to courts in medical tort litigation, including reasonable costs, expert witness fees, travel costs, deposition costs, jury costs, and attorneys' fees against the nonprevailing party whose rejection of the medical claim conciliation panel decision resulted in trial.
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Defines "prevailing party" as the plaintiff if the judgment increases the panel's award by 30% or more, or the defendant if the judgment fails to improve upon the panel's award by 30% or more.
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Sanctions against plaintiffs are deducted from any judgment; if insufficient, the plaintiff pays the deficiency, while sanctions against defendants are added to any judgment rendered at trial.
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Simplifies the certificate of consultation requirement for medical tort claims by removing the three alternative options and requiring only one consistent standard for physician consultation before filing with the medical claim conciliation panel.
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Effective July 1, 2050.
Legislative Description
Medical Torts; Medical Claim Conciliation Panel
Last Action
(S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL.
2/18/2011