The bill amends the Medical Malpractice Act to introduce several significant changes aimed at improving patient safety and regulating malpractice claims. It establishes that payments from the patient's compensation fund for medical care and related benefits must be made as expenses are incurred. Additionally, it mandates that seventy-five percent of punitive damages awarded in medical malpractice claims be allocated to the state, with the remaining twenty-five percent going to the prevailing party. The bill also limits attorney fees in malpractice claims, capping them at twenty-five percent for settlements reached before trial and thirty-three percent for those after trial begins.

Furthermore, the bill creates the "patient safety improvement fund," which will be funded through various sources, including punitive damage awards. This fund is intended to enhance patient safety and healthcare outcomes and will be administered by the Department of Health. The bill outlines specific limits on recoverable amounts for malpractice claims based on the type of healthcare provider and the year the injury occurred, with provisions for annual adjustments based on the consumer price index. Overall, the legislation aims to balance the interests of patients, healthcare providers, and the state while promoting accountability and safety in medical practices.

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