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NC S33

Bill

Status

Passed

7/25/2011

Primary Sponsor

Thomas Apodaca

Click for details

Origin

Senate

2011-2012 Session

AI Summary

S.B. 33 - Medical Liability Reforms Summary

  • Reforms appeal bond requirements for money judgments by allowing courts to set undertaking amounts based on judgment size, defendant's insurance limits, and net worth, with a $25 million cap unless the appellant is dissipating or hiding assets.

  • Requires separate trials for liability and damages in tort cases where plaintiff seeks damages exceeding $150,000, with damages evidence excluded until liability is established.

  • Expands medical malpractice complaint requirements to specify that medical care and all available medical records have been reviewed by a qualified expert willing to testify the care failed to meet applicable standards.

  • Establishes a $500,000 cap on noneconomic damages in medical malpractice actions, with adjustments every three years based on the Consumer Price Index; cap does not apply if defendant's conduct was reckless, grossly negligent, fraudulent, intentional, or malicious and caused disfigurement, loss of bodily function, permanent injury, or death.

  • Modifies statute of limitations for minors pursuing medical malpractice claims, allowing actions before age 10 if within standard time limits, or extending deadlines in cases involving abuse/neglect findings or state custody.

Legislative Description

Medical Liability Reforms

Last Action

Ch. SL 2011-400

7/25/2011

Committee Referrals

Select Committee on Tort Reform3/22/2011
Judiciary Subcommittee A3/7/2011
Judiciary I2/3/2011

Full Bill Text

No bill text available