SF 668

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; regulating health care
provider actions; limiting certain damages; proposing
coding for new law in Minnesota Statutes, chapter 604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604.111] HEALTH CARE PROVIDER ACTIONS; LIMITS
ON DAMAGES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this
section, the terms in paragraphs (b) to (d) have the meanings
given them.
new text end

new text begin (b) "Economic loss" means all harm for which damages are
recoverable, other than noneconomic losses.
new text end

new text begin (c) "Health care provider" has the meaning given in section
541.076, paragraph (a), except that health care provider also
includes a physician assistant registered under chapter 147A and
ambulance services, medical directors, and personnel regulated
under chapter 144E.
new text end

new text begin (d) "Noneconomic loss" means all nonpecuniary harm for
which damages are recoverable, including, but not limited to,
pain, disability, disfigurement, embarrassment, emotional
distress, and loss of consortium.
new text end

new text begin Subd. 2. new text end

new text begin Limitation. new text end

new text begin (a) In an action for injury or
death against a health care provider alleging malpractice,
error, mistake, or failure to cure, whether based in contract or
tort, the amount of damages awarded for noneconomic losses must
not exceed $250,000, regardless of the number of parties against
whom the action is brought or the number of separate claims or
actions brought with respect to the same occurrence.
new text end

new text begin (b) The limitation imposed by this subdivision must not be
disclosed to the trier of fact by any person at trial.
new text end

new text begin Subd. 3. new text end

new text begin Findings. new text end

new text begin (a) A court in an action tried
without a jury shall make a finding as to noneconomic loss
without regard to the limit under subdivision 2. If noneconomic
loss in excess of the limit is found, the court shall make any
reduction required under this section and shall award as damages
for noneconomic loss the lesser of the reduced amount or the
limit.
new text end

new text begin (b) If an action is before a jury, the jury shall make a
finding as to noneconomic loss without regard to the limit under
subdivision 2. If the jury finds that noneconomic loss exceeds
the limit, the court shall make any reduction required under
this section and shall award as damages for noneconomic loss the
lesser of the reduced amount or the limit.
new text end

new text begin Subd. 4. new text end

new text begin Punitive damages limited. new text end

new text begin (a) Punitive,
exemplary, and similar damages recoverable against a health care
provider in a cause of action described in subdivision 2 must
not exceed $250,000. The jury must not be informed of this
limitation.
new text end

new text begin (b) All damages described in paragraph (a) must be paid
directly to the Minnesota Comprehensive Health Association
created under section 62E.10, subdivision 1, to be used for the
purpose of reducing its assessments on its members.
new text end

new text begin (c) Notwithstanding paragraph (a), a private nonprofit
hospital licensed under sections 144.50 to 144.56 is not liable
for punitive, exemplary, or similar damages, in an action
described in subdivision 2.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective August 1, 2005, and applies to
causes of actions arising from incidents occurring on or after
that date.
new text end