The bill amends existing laws concerning venue determination in civil actions, specifically targeting medical malpractice cases. It stipulates that the venue for such claims is confined 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 filing requirements by eliminating the need to specify a dollar amount in the complaint, instead allowing for a request for reasonable damages. Additionally, it revises the Medical Malpractice Act to limit recovery amounts from the Patient's Compensation Fund, mandates that payments be made as expenses are incurred, and allocates 75% of punitive damages awarded in malpractice claims to the state.

Moreover, the bill sets caps on recovery amounts for malpractice claims based on the type of healthcare provider, with provisions for annual adjustments according to the consumer price index. It establishes a personal liability cap of $250,000 for most healthcare providers, while independent outpatient facilities have a higher cap of $500,000. The bill also clarifies that awards for past and future medical care are exempt from these liability limits. It introduces limits on attorney fees, capping them at 25% for pre-trial settlements and 33% for post-trial recoveries. A new "patient safety improvement fund" is created, funded by punitive damage awards, to enhance patient safety and healthcare outcomes, with administration by the Department of Health subject to legislative appropriation. Overall, the bill aims to balance the interests of healthcare providers with the need for patient protection and safety improvements.

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