This bill amends existing laws related to 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 a malpractice claim by stating that no dollar amount should be included in the initial complaint, while ensuring that damages are reasonable. Additionally, it revises the Medical Malpractice Act by limiting recovery amounts from the Patient's Compensation Fund, mandating that payments be made as expenses are incurred, and directing 75% of punitive damages awarded to the state.

Furthermore, the bill sets caps on health care providers' personal liability for monetary damages at $250,000, with independent outpatient facilities having a higher limit of $500,000. It stipulates that hospitals or hospital-controlled outpatient facilities will be liable for judgments exceeding $750,000 until January 1, 2027, excluding medical expenses. The bill also clarifies that awards for past and future medical care will only be paid from the fund if accepted by the health care provider, and future medical expenses will be disbursed as incurred. A new "patient safety improvement fund" will be created, funded by various sources including punitive damage awards, while attorney fees in malpractice claims will be capped at 25% for pre-trial settlements and 33% for post-trial recoveries. Overall, the bill aims to enhance patient safety, streamline litigation, and establish clearer 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