MS HB1479

Abortion clinics become proper parties in malpractice actions involving abortion procedures, including cases where the clinic provided counseling or advice regarding the procedure.

Noneconomic damages in health care malpractice cases are capped at $500,000, while noneconomic damages in other civil actions are capped at $1,000,000.

Punitive damages require proof by clear and convincing evidence that the defendant acted with actual malice, gross negligence showing willful or reckless disregard, or committed actual fraud.

Punitive damages are capped based on defendant's net worth, ranging from 2% for defendants with net worth of $50 million or less, up to $20 million for defendants with net worth exceeding $1 billion.

The act takes effect July 1, 2012.