This bill amends the Medical Malpractice Act by establishing new requirements for determining the venue of medical malpractice cases, mandating that claims be filed in the county where the patient received treatment. It clarifies that the residence of a personal representative or guardian does not influence venue determination. The bill also introduces definitions for key terms related to medical malpractice and outlines the conditions for initiating lawsuits against health care providers. Additionally, it limits recovery amounts from the Patient's Compensation Fund, stipulating that payments be made as expenses are incurred, and allocates 75% of any punitive damages awarded to the state. It also imposes limits on attorney fees and requires the Superintendent of Insurance to approve settlements from the fund.

Moreover, the bill sets personal liability limits for health care providers, capping it at $500,000 for independent outpatient facilities and $250,000 for other providers. It specifies that hospitals are responsible for any judgments or settlements exceeding $750,000 until January 1, 2027, and clarifies that awards for medical care will only be paid if accepted by the provider. The bill also caps attorney fees at 25% for pre-trial settlements and 33% for post-trial settlements. A new Patient Safety Improvement Fund is created, funded by punitive damage awards, to enhance patient safety and health care outcomes, with any unspent balance remaining available for future use.

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