HF 174

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; regulating certain actions 
  1.3             against health care providers and employees; limiting 
  1.4             recovery for noneconomic damages; proposing coding for 
  1.5             new law in Minnesota Statutes, chapter 549. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [549.205] [HEALTH CARE PROVIDER ACTIONS; 
  1.8   RECOVERY OF DAMAGES.] 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
  1.10  section, the terms in paragraphs (b) and (c) have the meanings 
  1.11  given them. 
  1.12     (b) "Health care provider" has the meaning given in section 
  1.13  541.076, paragraph (a). 
  1.14     (c) "Noneconomic damages" means money intended to 
  1.15  compensate for pain and suffering; humiliation; embarrassment; 
  1.16  worry; mental distress; noneconomic effects of disability, 
  1.17  including loss of enjoyment of the normal activities, benefits, 
  1.18  and pleasures of life, and loss of mental or physical health, 
  1.19  well-being, or bodily functions; loss of consortium, society, 
  1.20  and companionship; or loss of love and affection. 
  1.21     Subd. 2.  [RECOVERY REGULATED.] The total noneconomic 
  1.22  damages recoverable for bodily injury or death by or on behalf 
  1.23  of a patient or former patient against a health care provider or 
  1.24  an employee of a health care provider alleging malpractice, 
  1.25  error, mistake, or failure to cure, whether based on a contract 
  2.1   or tort, including any action or proceeding based on 
  2.2   contribution or indemnification, may not exceed the limit under 
  2.3   subdivision 4 for each occurrence from all health care providers 
  2.4   and all employees of health care providers acting within the 
  2.5   scope of their employment and providing health care services who 
  2.6   are found liable. 
  2.7      Subd. 3.  [FINDINGS.] (a) A court in an action tried 
  2.8   without a jury shall make a finding as to noneconomic damages 
  2.9   without regard to the limit under subdivision 4.  If noneconomic 
  2.10  damages in excess of the limit are found, the court shall make 
  2.11  any reduction required under chapter 604 and shall award as 
  2.12  noneconomic damages the lesser of the reduced amount or the 
  2.13  limit.  
  2.14     (b) If an action is before a jury, the jury shall make a 
  2.15  finding as to noneconomic damages without regard to the limit 
  2.16  under subdivision 4.  If the jury finds that noneconomic damages 
  2.17  exceed the limit, the jury shall make any reduction required 
  2.18  under chapter 604 and the court shall award as noneconomic 
  2.19  damages the lesser of the reduced amount or the limit. 
  2.20     Subd. 4.  [LIMITATION ON NONECONOMIC DAMAGES.] The limit on 
  2.21  total noneconomic damages for each occurrence is $250,000 and 
  2.22  must be adjusted by the state court administrator to reflect 
  2.23  changes in the Consumer Price Index for all urban consumers, 
  2.24  United States city average, as determined by the United States 
  2.25  Department of Labor, at least annually, with the adjusted limit 
  2.26  to apply to awards subsequent to the adjustments. 
  2.27     Subd. 5.  [DAMAGE AWARDS; SPECIFICATION OF CERTAIN 
  2.28  COMPONENTS.] Every award of damages in an action referred to in 
  2.29  subdivision 2 shall specify the sum of money, if any, awarded 
  2.30  for each of the following for each claimant for the period from 
  2.31  the date of injury to the date of award and for the period after 
  2.32  the date of award, without regard to the limit under subdivision 
  2.33  4: 
  2.34     (1) pain, suffering, and noneconomic effects of disability; 
  2.35     (2) loss of consortium, society, and companionship, or loss 
  2.36  of love and affection; 
  3.1      (3) loss of earnings or earning capacity; 
  3.2      (4) each element of medical expenses; and 
  3.3      (5) other economic injuries and damages. 
  3.4      Subd. 6.  [OTHER LAW.] Damages recoverable under this 
  3.5   section against a health care provider and an employee of a 
  3.6   health care provider, acting within the scope of the employee's 
  3.7   employment and providing health care services, are subject to 
  3.8   chapter 604. 
  3.9      Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  3.10     Section 1 is effective August 1, 2003, and applies to 
  3.11  actions arising from incidents occurring on or after that date.