This bill amends the Medical Malpractice Act to introduce several significant changes regarding the limitations on recovery for medical malpractice claims, the handling of punitive damages, and the establishment of a new fund aimed at improving patient safety. Key provisions include the requirement that payments from the patient's compensation fund be made as expenses are incurred, and that seventy-five percent of any punitive damages awarded in medical malpractice claims be directed to the state, with the remaining twenty-five percent going to the prevailing party. Additionally, the bill sets specific limits on attorney fees for malpractice claims, capping them at twenty-five percent for settlements prior to trial and thirty-three percent for recoveries after trial begins.

Furthermore, the bill creates the "patient safety improvement fund," which will be administered by the Department of Health and funded through various sources, including punitive damage awards. The fund is intended to enhance patient safety and healthcare outcomes, with expenditures subject to legislative appropriation. The bill also clarifies that the value of accrued medical care and related benefits is not subject to limitations, ensuring that patients receive necessary care without financial constraints. Overall, these amendments aim to balance the interests of patients, healthcare providers, and the state while promoting better healthcare practices.

Statutes affected:
introduced version: 41-5-6, 41-5-7