This bill amends existing laws concerning venue determination and liability limits in civil actions, specifically targeting medical malpractice cases. It establishes that the venue for such claims will be restricted to the county where the patient received the relevant medical treatment. The bill introduces new definitions for "medical malpractice lawsuit" and "patient," and modifies the requirements for filing claims by eliminating the need to specify a dollar amount in the initial complaint, instead allowing for a request for reasonable damages. Additionally, it limits recovery amounts from the Patient's Compensation Fund, mandates that payments be made as expenses are incurred, and stipulates that 75% of any punitive damages awarded will be allocated to the state.

Moreover, the bill sets liability caps for health care providers, capping personal liability at $250,000 for most providers and $500,000 for independent outpatient facilities, while hospitals will be responsible for judgments exceeding $750,000 until January 1, 2027. It clarifies that awards for medical care will only be paid from the fund if accepted by the provider and will be disbursed as incurred. The bill also creates a new Patient Safety Improvement Fund, limits attorney fees in malpractice claims, and ensures that punitive damages are distributed with 75% going to the state. Overall, the legislation aims to streamline the litigation process, enhance patient safety, and provide clear guidelines for liability and compensation in medical malpractice cases.

Statutes affected:
introduced version: 38-3-1, 41-5-3, 41-5-4, 41-5-6, 41-5-7, 41-5-25