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Alabama
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Alaska
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Arizona
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Arkansas
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HB 1323. AN ACT TO PERMIT THE DISCIPLINING OF A PHYSICIAN, DENTIST, DENTAL HYGIENIST OR OPTOMETRIST IF THE PRACTITIONER IS FOUND IN VIOLATION OF A STATUTE OR REGULATION IN ANOTHER STATE. |
2/6/07: House Public Health, Welfare and Labor Committee |
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California
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Colorado
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Connecticut
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HB 05223. An act limiting noneconomic damage awards in medical malpractice cases. To establish a one-million-dollar limit on noneconomic damage awards in medical malpractice cases.
HB 05398. An act to limit the recovery of noneconomic damages in medical malpractice cases to five hundred thousand dollars and require plaintiffs to file such claims in the county where the act or omission is alleged to have occurred.
SB 249. An act to require the Insurance Department to collect and make public information regarding medical malpractice claims against chiropractors.
SB 897. An act requiring pretrial screening in medical malpractice cases |
Referred to Joint Committee on the Judiciary on 1/5/07
Referred to joint committee on the judiciary 1/12/07
Referred to joint committee on insurance and real estate on 1/16/07
1/22/07: Referred to joint committee on the judiciary |
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Delaware
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District of Columbia |
B16-0334. Insurance Commissioner authorized to consider malpractice insurer's surplus in ratemaking if surplus is considered unreasonably large; regulation of certain insurance rates; prior approval required of rate increases in medical malpractice insurance exceeding 7%; refunds authorized to physicians paying excessive rates; physicians and consumers may challenge rate increases; rate filings made public; physicians able to obtain insurance rate quotes from multiple medical malpractice insurance providers.
B16- 0418. Mayor required to dedicate number of full-time employees within Department of Health to assist in improving performance of Board of Medicine; creation of centralized database for analysis of adverse medical events; also database for closed claims against obstetricians for analysis in improving health care delivery; notice requirements for filing lawsuits alleging medical malpractice; required mediation for medical malpractice litigation; expression of sympathy or apology by health care provider not admissible as evidence of admission of liability; medical malpractice insurance rates, rate changes, and payments to be made public.
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Enacted into law on 12/28/06. Resolution number A16-0619 |
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Florida
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SB 32. An act relating to the South Broward Hospital District; providing for the relief of Sharon Jurgrau, wife of Mark Jurgrau, deceased, and Megan Jurgrau, minor child of Mark and Sharon Jurgrau; providing for an appropriation to compensate them for the death of Mark Jurgrau as a result of the negligence of the South Broward Hospital DistrictSB 38. Provides for relief of Adam Susser, a minor, by & through his parents & natural guardians, Judith Susser & Gary Susser; compensates him for injuries & damages sustained as result of negligence of N. Broward Hospital DistrictSB 60. Compensates Judge Joseph G. Donahey, Jr., & Tena Donahey, his spouse, for injuries received by Joseph Donahey, Jr., & for damages sustained by Mr. & Mrs. Donahey as result of medical treatment of Judge Joseph G. Donahey, Jr., by employees of State of FloridaSB 7006. Provides applicability of licensure requirements of health care providers under part II of chapter 408, Florida Statutes. Amends FSHB 585. Creates "Patient Safety & Provider Liability Act"; specifies certain authorized insurers who may make available liability insurance; provides limitation on noneconomic damages for hospital facility that complies with certain patient safety measures.SB 908. Creates "Patient Safety & Provider Liability Act"; specifies certain authorized insurers who may make available liability insurance; provides limitation on noneconomic damages for hospital facility that complies with certain patient-safety measures. |
Referred to the Special Master on Claim Bills; 10/9/06
Referred to the Special Master on Claim Bills; 10/9/06
Referred to the Special Master on Claim Bills; 10/9/06
1/11/07: submitted for consideration by health regulation committee
1/31/07: Referred to Healthcare council, policy and budget council
1/25/07: Filed |
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Georgia
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Hawaii
Hawaii con’t.
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HB 197: Places a $250,000 cap on non-economic damages recoverable from a physician or surgeon in medical malpractice actions for the provision of emergency care in a hospital emergency department.
HB 220. Limits non-economic damages in medical tort actions contingent on compliance with premium rate caps by insurers providing professional liability insurance in Hawaii. Sunsets on the earlier of the date on which an insurer does not comply with the premium rate caps, or July 1, 2015
HB 549. Amends the law relating to medical torts to improve patient access to health care services and provide improved medical care by reducing the burden the liability system places on the health care delivery system in Hawaii.
SB 202: Revises provisions relating to medical tort reform. Makes a tortfeasor liable for no more than that percentage of share of damages attributable to that individual or entity. Removes exceptions from law abolishing joint and several liability.
SB 666. Requires the medical claims conciliation panel to appoint out-of-state experts when conducting hearings. Makes appropriations from the compliance resolution fund.
SB 670. Makes benevolent gestures regarding a medical error inadmissible as evidence of an admission of liability in medical malpractice claims.
SB 813. Makes expressions of sympathy or benevolence made to a patient or family member of the patient inadmissible as evidence of an admission of liability in civil proceedings brought against a health care provider.
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1/22/07: Referred to HLT, CPC/JUD, referral sheet 1
1/30/07: Passed by HLT committee
1/22/07: Referred to HLT, CPC/JUD, referral sheet 3
1/22/07: Referred to HTH, JDL.
1/26/07: Re-Referred to JDL/HTH/CPH, WAM.
1/24/07: Referred to HTH, JDL.
1/24/07: Referred to HTH, JDL.
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Idaho
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Illinois
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Indiana
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HB 1238. Establishes the midwifery board (board). Sets qualifications for a certified professional midwife (CPM). Requires the board to: (1) develop peer review procedures; (2) require the purchase of liability insurance as a condition for licensure if the board determines liability insurance is sufficiently available; and (3) adopt rules limiting the scope of practice of CPMs to nonhospital settings. Makes it a Class B misdemeanor to practice midwifery without a license. |
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Iowa
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SSB 1094. The bill provides that if the standard of care given by a physician or surgeon licensed pursuant to Code chapter 148, an osteopathic physician or surgeon licensed pursuant to Code chapter 150A, or a dentist licensed pursuant to Code chapter 153, is at issue in a medical malpractice case, the court shall only allow a health care provider who is licensed in this state to qualify as an expert witness and to testify on the issue of the appropriate standard of care, breach of that standard, or proximate cause.
SSB 1145. The bill repeals the statute of limitations period in a medical malpractice action for injury or wrongful death against any physician and surgeon, osteopath, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, or nurse, licensed under Code chapter 147, or a hospital licensed under Code chapter 135B, arising out of patient care. This statute provides that such actions must be brought within two years of reasonable discovery of the act.
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1/24/07: Referred to Judiciary Committee
1/31/07: Referred to Judiciary Committee |
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Kansas
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HB 2156. AN ACT concerning evidence admitted in court; regarding specific communications of sympathy relating to a cause of action in tort, including a medical malpractice action.
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1/23/07: Referred to Judiciary Committee
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Kentucky
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HB 176. Amends KRS 508.025, relating to assault in the third degree, to add offenses against midlevel health care practitioners and persons licensed to practice medicine, osteopathy, podiatry, physician assisting, chiropractic, dentistry, nursing, respiratory care, pharmacy, optometry, and physical therapy; provide that assaulting one of these persons when he or she is engaged in the performance of his or her licensed practice is a Class D felony.
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Referred to House Judiciary Committee on 1/5/07 |
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Louisiana
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Maine
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Maryland
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HB 48. Requiring that specified medical injury actions filed on or after June 1, 2007, be submitted to a medical malpractice review board; requiring a circuit administrative judge to appoint a circuit court judge to chair a board; suspending specified time limits for a specified period for the review; requiring a board to make specified determinations concerning liability and proximate cause and issue a decision; providing for the admission of the decision in a subsequent trial; etc.
HB 372. Requiring a subsidy for medical professional liability insurance policies issued to family practitioners who have staff privileges at Garrett County Memorial Hospital and who also provide obstetrical services at Garrett County Memorial Hospital; requiring specified amounts to remain in the Rate Stabilization Account to pay for specified subsidies; etc.
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2/5/07: H Unfavorable Report by Judiciary
2/2/07: H First Reading Economic Matters Committee |
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Massachusetts
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Michigan
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Minnesota
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Mississippi
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HB 483. AN ACT TO AMEND SECTION 11-1-60, MISSISSIPPI CODE OF 1972, TO CAP NONECONOMIC DAMAGES IN ALL CIVIL ACTIONS at $500,000.00
HB 485. AN ACT TO PROVIDE THAT ALL MALPRACTICE CLAIMS SHALL BE REVIEWED BY A MEDICAL REVIEW PANEL; TO ALLOW PARTIES TO MUTUALLY AGREE TO OPT OUT OF THIS REQUIREMENT; TO ESTABLISH THE MEMBERSHIP REVIEW PANEL; TO PROVIDE WHAT EVIDENCE MAY BE CONSIDERED BY THE PANEL; TO PROVIDE THE FORM OF THE DECISION; TO PROVIDE FOR PANELIST IMMUNITY AND COMPENSATION; TO PROVIDE THAT THE LOSING PARTY SHALL PAY ATTORNEY FEES TO THE PREVAILING PARTY UNDER CERTAIN CIRCUMSTANCES
SB 2568. AN ACT TO REENACT SECTIONS 83-48-1 THROUGH 83-48-9 AND SECTION 11-46-19, MISSISSIPPI CODE OF 1972, WHICH CREATE THE MEDICAL MALPRACTICE INSURANCE AVAILABILITY ACT; TO AMEND REENACTED SECTIONS 11-46-19 AND 83-48-9, MISSISSIPPI CODE OF 1972, TO CHANGE TO A DATE CERTAIN THE REPEALER ON THE ACT AND ON THE AUTHORITY OF THE TORT CLAIMS BOARD TO ADMINISTER THE PLAN |
Referred to Judiciary A on 1/4/07
Referred to Judiciary A on 1/4/07
Referred to Insurance Committee on 1/10/07 |
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Missouri
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HB 222. This bill requires the Department of Insurance, Financial Institutions, and Professional Registration to promulgate rules defining the terms "claim" and "consent to settle" as they relate to medical malpractice insurance claims. Physicians must be offered consent to settle without participation in binding arbitration.
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Read Second Time on 1/4/07
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Montana
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HB 467. A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE MONTANA MEDICAL LEGAL PANEL ACT; CLARIFYING THAT CLAIMS AGAINST HEALTH CARE PROVIDERS IN CERTAIN GOVERNMENTAL INFIRMARIES ARE NOT SUBJECT TO THE PROVISIONS OF THE ACT; INCLUDING TELEMEDICINE PHYSICIANS UNDER THE PROVISIONS OF THE ACT |
1/31/07: Hearing in the Judiciary Commitee |
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Nebraska
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LB 65. Change the statute of repose for the Nebraska Hospital - Medical Liability Act
LB 673. Modify the definition of malpractice or professional neglect to include sexual abuse, misconduct, or exploitation |
1/8/07: Referred to Judiciary Committee
1/19/07: Referred to Judiciary Commitee |
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Nevada
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New Hampshire
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SB 229. Requires Commissioner of Department of Health and Human Services to establish grant program to subsidize medical liability insurance premiums for certain specialties for underserved communities; rulemaking authority to commissioner to carry out provisions.
HB 1299. Establishes medical malpractice insurance study commission.
HB 1338. Places temporary freeze on medical malpractice insurance rates at 2006 levels until Speaker of the House, Senate President, and Governor receive final report of committee instructed to study medical malpractice insurance rates in state and mandatory panels for medical injury claims process established by statute.
HB 1485. Establishes commission to study feasibility of forming self-insurance groups for medical malpractice coverage.
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All bills voted “inexpedient to legislate.” |
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New Jersey
New Jersey con’t.
New Jersey con’t.
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S 593. Noneconomic damages limited to $100,000 or 3 times economic damages, or $500,000 or $750,000 for certain circumstances of injury and future disability.
S 671. Creation of Medical Malpractice Court as court of limited jurisdiction within Supreme Court; authority over any dispute concerning medical liability insurance, any action for injury against health care provider, any other medical malpractice dispute.
S 847, A 419. Noneconomic damages limited to $250,000 for medical malpractice actions arising from emergency care rendered in hospitals or other health care facilities; only applies in cases where health care professional did not have existing provider-patient relationship with the injured plaintiff but did have duty to act.
S 1501, A 945. Statute of limitation for minors on medical malpractice claims 2 years, birth injuries up until age 10 or 2 years from discovery; burden of proof for plaintiff to meet in medical malpractice actions specifically that defendant failed to provide recognized standard of acceptable professional practice or care; affidavit of merit from plaintiff required when complaint is filed; defendant to file affidavit of meritorious defense; expert witnesses must be in same type of practice and possess same certifications as defendant, be in practice for at least 5 years, licensed with state; optional mediation, all parties to file acceptance or rejection, costs attached to outcome of mediation; noneconomic damages limited to $250,000; civil immunity provided to medical personnel responding to emergency outside of professional responsibility in good faith even if within a health care facility; medical personnel not liable for civil damages for injury in emergency situation based on failure to inform of potential consequences; health care facilities to be notified by state Board of Medical Examiners if board has taken action against affiliated physician; physicians permitted to form joint contracts in a Medical Malpractice Liability Insurance Purchasing Alliance to negotiate reduced liability insurance premiums; authorities and rules for Alliance board of directors.
S 1644. Physicians liable for professional negligence only to extent of medical malpractice insurance required to carry under current law.
A 162. State medical boards to annually report statistics on complaints and disciplinary actions against licensees via website; boards to refer to review panels for investigation any medical practitioner involved in at least 3 medical malpractice settlements, judgments or arbitration awards within 5 years; malpractice insurance companies to retain 10 years of records of any settlement, judgment or arbitration award paid; plaintiff to submit copy of civil complaint against medical practitioner to appropriate licensing board.
A 472. Requires health care facilities to report to appropriate State professional licensing board or Department of Health and Senior Services concerning health care professionals whose conduct or care has been called into question by the facility.
A 494. Expert witnesses in medical malpractice actions required to have unrestricted license and to be engaged in active clinical practice or teaching, or retired within 5 years; be substantially familiar with applicable standard of care; practice in same subspecialty as defendant, board certified by same board as defendant.
A 721. Creates Special Medical Malpractice Part of Law Division of Superior Court; to have jurisdiction of any action for injury against health care provider based on professional negligence.
A 1083. Tolled discovery rule limited to total of 4 years of occurrence of medical professional negligence.
A 1088. Notice requirements for plaintiff prior to filing civil action for alleged medical malpractice, response from named defendants; expert witnesses must be licensed and actively practicing in same specialty as defendant; required mediation arranged by court, procedures; conditions to enter mediation results to court if action proceeds to trial; conditions for prevailing party to acquire costs paid by non-prevailing party relating to mediation and any subsequent trial; noneconomic damages limited to $250,000 unless certain circumstances raise damages limit to $500,000; medical malpractice insurance limits on deductibles and coverage; statute of limitations for medical professional negligence 3 years or 1 year from discovery, no action may be commenced after 3 years unless proof of intentional act; statute of limitations for minors under age-2 7 years.
A 1260. Statute of limitations for medical malpractice for minors tolled until age 11; court referral of medical malpractice action to complementary dispute resolution mechanism; health care provider named as defendant in medical malpractice action may file affidavit of noninvolvement with court; expert witness must have same type of practice and possess same credentials as defendant unless waived by court; affidavit of merit to ensure that plaintiff establishes health care provider-patient relationship and identifies specific act that is basis for cause of action; immunity from civil damages for licensed medical personnel who respond in good faith to emergencies outside of professional responsibilities for failure to inform only; oversight by Commissioner of Banking and Insurance over medical malpractice insurers seeking to increase rates over 25%; insured may petition for investigation, Commissioner may conduct hearings; physicians permitted to form joint contracts in a Medical Malpractice Liability Insurance Purchasing Alliance to negotiate reduced liability insurance premiums; authorities and rules for Alliance board of directors; requires all medical malpractice insurers required to notify State Board of Medical Examiners and Insurance Commissioner of every medical malpractice judgment, settlement and award involving licensed health care provider; establishes 3-year Medical Malpractice Insurance Excess Fund within New Jersey Medical Malpractice Reinsurance Association to limit noneconomic damages financial liability to $300,000; fund to pay damages over $300,000 and up to $700,000.
A 1498. Requires payment of medical malpractice policy proceeds to victims of criminal acts by health care professionals; practitioners required to indemnify insurers for payment; insurer has right of subrogation against practitioner to collect sums paid.
A 1634. Expert witnesses in medical malpractice actions must be both hospital credentialed and board certified, devote majority of professional time to active clinical practice in same health care profession as defendant.
A 1868. Establishes Medical Malpractice Liability Insurance Premium Assistance Fund to provide assistance in payment of medical malpractice liability insurance premiums to certain health care providers; amounts and classes of health care providers to be covered established by Insurance Commissioner; health care providers to have received certain premium increases to qualify; health care providers subject to disciplinary action or civil penalty not eligible; annual surcharges to finance fund.
A 2424. Establishes Medical Malpractice Liability Insurance Premium Increase Review Panel in Department of Banking and Insurance to review medical malpractice insurance premium increases on petition by individual policyholders; standards and procedures for review; published information concerning panel.
AR 64. Requests that Congress pass legislation to allow health care facilities to access the national databank holding information on health care practitioners who have been disciplined by a state medical board, discharged for incompetence or misconduct, or has been subject to civil or criminal judicial decisions.
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Commerce committee on 1/10/06
Judiciary committee on 1/10/06
S 847: Assembly Law and Public Safety committee on 1/10/06;
A 419: Financial Institutions and Insurance committee on 1/10/06;
S 1501: Senate State Government committee on 3/2/06; A 945: Assembly Financial Institutions and Insurance committee on 1/10/06
Senate Commerce committee on 3/13/06
Assembly Health and Senior Services committee on 1/10/06
Assembly Health and Senior Services committee on 1/10/06
Assembly Financial Services and Insurance committee on 1/10/06
Assembly Judiciary committee on 1/10/06
Motion 24 hour notice rule 10:23 on 6/26/06
Assembly Financial Institutions and Insurance committee on 1/10/06
Assembly Financial Institutions and Insurance committee on 1/10/06
Assembly Financial Institutions and Insurance committee on 1/10/06;
Assembly Health and Senior Services committee on 1/10/06;
Assembly Financial Institutions and Insurance committee on 1/10/06
1/18/07: Reported out of Assembly Committee
Health and Senior Services committee on 1/10/06
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New Mexico
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SB 23. AN ACT RELATING TO MEDICAL CARE; PROVIDING LIMITED MALPRACTICE LIABILITY FOR RETIRED, STILL-LICENSED MEDICAL DOCTORS, PHYSICIAN ASSISTANTS AND ANESTHESIOLOGIST ASSISTANTS WHO PROVIDE VOLUNTEER CARE WITHOUT COMPENSATION.
SB 514. AN ACT RELATING TO THE PRACTICE OF MEDICINE; AMENDING AND ENACTING CERTAIN SECTIONS OF THE MEDICAL PRACTICE ACT; PROVIDING AN EXCEPTION TO THE PROHIBITION OF DISCLOSURE IN THE REVIEW ORGANIZATION IMMUNITY ACT. |
1/29/07: Referred to Judiciary Committee
1/24/07:Referred to Senate Public Affairs Committee/Senate Judiciary Committee-Senate Public Affairs Committee
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New York
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AB 520. Allows contingent fees for attorneys in claims or actions for personal injury, including death, similar to those allowed in malpractice suits.AB 3139. Enacts the "medical liability reform act"; requires attorney for plaintiff in a medical, dental or podiatric malpractice case to include with the certificate of merit, an affidavit of an appropriate medical professional licensed in this state stating that there is a reasonable basis for such malpractice action; failure to file will result in dismissal; modifies limited liability of persons jointly liable; limits noneconomic damages in such causes of action to $250,000SB 157. Provides that the personal liability of obstetricians and gynecologists for non-economic and actual economic loss be limited in certain cases to 250,000 dollars; establishes impaired infant compensation fund to pay for loss above 250,000 dollars in some cases; provides for payment of medical and other expenses of an "impaired infant".SB 740. Provides that whenever health care organizations delay, fail or refuse to approve, provide, arrange for, or pay for in a timely manner any health care service that it is contractually obligated to perform, it shall be liable for any personal injury, death or damages caused by delay, failure or refusalSB 790. Repeals that restriction of the judiciary law prohibiting contingent fees and requiring a sliding scale fee for attorneys in claims or actions for medical, dental or podiatric malpractice.SB 973. Requires all physicians licensed or permitted to practice medicine in the state of New York to procure and maintain in full force and effect a policy of medical malpractice insurance with primary levels of coverage at one million dollars for each claimant under such policy and three million dollars for all claimants under such policy in any one year and excess coverage with similar levels of coverage.SB 1003: Relates to limiting the amount of awards in medical malpractice lawsuits; limits such awards to the amount of malpractice insurance held by the defendant; establishes the excess medical malpractice liability fund.SB 1011. Requires the state board for professional medical conduct to initiate a preliminary investigation of physicians against whom a significant number of claims of malpractice have been alleged; establishes a formal process by which certain claims and complaints which allege medical malpractice and professional medical misconduct are forwarded to the department of health for an expedited review and, if necessary, a more intensive investigation. |
1/3/07: Referred to Judiciary
1/23/07: Referred to Judiciary
1/3/07: Referred to Codes
1/8/07: Referred to Judiciary
1/9/07: Referred to Judiciary
1/16/07: Referred to higher education committee
1/16/07: Referred to codes
1/16/07: Referred to Health |
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North Carolina
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North Dakota
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Ohio
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Oklahoma
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Oregon
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Pennsylvania
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Puerto Rico |
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Rhode Island
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S 138. This act would require the department of health to provide an analysis of medical malpractice insurance rates and to recommend improvements to the legislature. This act would take effect upon passage.
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1/24/07: Referred to Judiciary Committee
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South Carolina
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South Dakota
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Tennessee
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SB 33. Requires all parties involved in a medical negligence action to file a certificate of good faith asserting that the parties have consulted with experts who have a good faith belief in the validity of the parties' respective positions. |
1/20/07: Referred to Judiciary Committee
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Texas
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Utah
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HB 338. This bill establishes a clear and convincing standard of proof for emergency care rendered in an emergency room.
SB 115. This bill establishes a clear and convincing standard of proof for emergency care rendered in an emergency room. |
1/29/07: Bill Received in House
1/22/07: Referred to Senate |
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Vermont
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H 221. PROCEDURES INVOLVING MEDICAL MALPRACTICE ACTIONS
H 227. This bill proposes to establish screening panels for medical injury claims.
S 24. PROCEDURES INVOLVING MEDICAL MALPRACTICE ACTIONS |
2/2/07: Referred to Judiciary Committee
1/9/07: Referred to Judiciary Commitee
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Virgin Islands |
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Virginia
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HB 2157: Requires the Board to make available via any department website information regarding any final orders together with any associated notices which impose disciplinary action against a licensee of the Board. Prohibits the Board from posting notices that have not been adjudicated. Provides that notices and orders that did not result in disciplinary action may be removed upon written requested of the licensee.
HB 2403: Clarifies that a plaintiff in medical malpractice actions and wrongful death actions brought against a health care provider must provide an expert witness certification against each defendant in an action involving multiple defendants.
HB 2415. Clarifies that when the plaintiff requests service of process or requests the defendant to accept service of process, he is certifying that he has obtained an expert opinion that the defendant deviated from the applicable standard of care.
HJ 643: Establishes a joint subcommittee to study how Virginia should address the existing and upcoming shortage of medical doctors. Recognizes the possibility of a dire shortage of medical doctors in the United States by 2020 and the lengthy training required to prepare doctors for practice. To find solutions, the joint subcommittee shall consider geographic regions, practice specialties, medical school admissions and costs, malpractice issues, the nursing shortage, and COPN regulation.
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2/2/07: Referred to Senate Education Committee, Subcommittee on Health Professions
1/16/07: Assigned to Courts Committee, Subcommittee on Civil Law
2/5/07: Printed in the House
1/9/07: Referred to committee on rules
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Washington
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HB 1237. Modifying medical malpractice closed claim reporting requirements.
HB 1300. Modifying the powers and duties of health care disciplining authorities.
HB 1943. Enacts the medical disciplinary act
SB 5263. Modifying medical malpractice closed claim reporting requirements.
SB 5578. Modifying the powers and duties of health care disciplining authorities. |
1/31/07: Referred to rules committee for second reading
1/31/07: Referred to rules committee for second reading
2/1/07: Referred to health care and wellness committee
2/2/07: Referred to rules committee for second reading
1/24/07: Referred to Health and Long-term care committee |
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West Virginia
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Wisconsin
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Wyoming
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