This bill revises existing laws concerning venue determination in civil actions, specifically targeting medical malpractice cases. It stipulates that the venue for such claims will be confined to the county where the patient received the medical treatment that is the basis for the lawsuit. The bill introduces new definitions for terms like "patient" and "medical malpractice lawsuit," and modifies the filing requirements by stating that complaints should not include a specific dollar amount but rather a request for reasonable damages.
Additionally, the bill amends the Medical Malpractice Act by imposing limits on recovery amounts from the Patient's Compensation Fund and establishing a new Patient Safety Improvement Fund. It sets caps on recoveries for malpractice claims, which will be adjusted annually based on the consumer price index, and outlines conditions for these caps concerning various healthcare providers. The bill also caps a healthcare provider's personal liability at $250,000, with independent outpatient facilities capped at $500,000, and specifies that hospitals will be responsible for judgments exceeding $750,000 until January 1, 2027. Furthermore, it limits attorney fees in malpractice claims and ensures that the newly created Patient Safety Improvement Fund will not revert to the general fund, thereby securing ongoing resources for patient safety initiatives.
Statutes affected: introduced version: 38-3-1, 41-5-3, 41-5-4, 41-5-6, 41-5-7, 41-5-25