Senate Bill No. 366, introduced by Senator Harris, amends the Medical Malpractice Act to increase the maximum recoverable amount for malpractice claims from $500,000 to $1,000,000, plus interest and costs. The bill also raises the liability cap for qualified healthcare providers from $100,000 to $250,000, with similar provisions for interest and costs. Additionally, the bill mandates that courts or juries must determine specific amounts for future medical expenses and related benefits for claimants. If the total award exceeds the $1,000,000 cap, the excess can be held in trust with the Patient Compensation Fund for future medical reimbursements.

Furthermore, the bill modifies the requirement for medical malpractice claims to be reviewed by a medical review panel, allowing claimants the option to initiate claims through an affidavit from a board-certified doctor. This affidavit must certify that the doctor has reviewed the necessary medical records and found a breach of the standard of care that contributed to the patient's injury or death. The bill also establishes a prescriptive period for actions initiated via this affidavit process. The changes are set to take effect on August 1, 2026.

Statutes affected:
SB366 Original: 40:2(B)(1), 40:3(A)(1), 40:8(A)(1), 40:3(G)