Report Title:

Tort Action; Noneconomic Damages; Medical Tort Reform

Description:

Redefines noneconomic damages, disallows joint liability among health care providers for medical torts.

HOUSE OF REPRESENTATIVES

H.B. NO.

2682

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TORT DAMAGES.

 

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

SECTION 1. Chapter 671, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . SEVERAL LIABILITY

§671- No joint liability. In medical tort cases, a court may award several, but not joint, liability in accordance with this part.

§671- Liability for compensatory damages. A health care provider's liability for compensatory damages arising out of a medical tort shall be limited by the provisions of this part; provided that the health care provider is covered by professional liability insurance for medical torts with liability limits per medical tort claim of no less than the amount that has been established by the board of medical examiners, and the professional liability insurance is in effect when the claim is made against the health care provider for compensatory damages for an alleged medical tort.

§671- Liability for portion of compensatory damages. A health care provider found liable for a medical tort shall be liable to the plaintiff for only that portion of the judgment for compensatory damages representing the percentage of negligence or fault, if any, that has been attributed to the health care provider by a trier of fact or pursuant to any agreement.

§671- Assessing percentage of negligence. Upon request of any nonsettling health care provider against whom a plaintiff alleges a medical tort causing injury, the trier of fact shall consider, in assessing any percentage of negligence or other fault, the negligence or other fault of all alleged parties, including the negligence or other fault of any person or entity who has entered into a settlement with the plaintiff for the claimed damages, even when the settlement has been determined to have been made in good faith, pursuant to section 663-15.5.

§671- Proportionate allocation of damages. The amount of damages allocated to a health care provider based upon the health care provider's proportionate percentage of negligence or other fault for compensatory damages shall include the health care provider's proportionate percentage of economic and noneconomic damages.

§671- Several but not joint liability. If the trier of fact renders a verdict for the plaintiff, the court shall enter judgment of several, but not joint, liability against each defendant medical care provider in accordance with the percentage of negligence or other fault for compensatory damages that is attributed to the medical care provider by the trier of fact. Judgment shall not be entered against any health care provider who has not been named a party or has been released, dismissed, or otherwise discharged as a party pursuant to section 663-15.5."

SECTION 2. Section 663-8.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§663-8.5[]] Noneconomic damages[; defined]. [(a)] Noneconomic damages [which] that are recoverable in tort actions include damages for [pain and suffering,] mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, and all other nonpecuniary losses or claims.

[(b) Pain and suffering is one type of noneconomic damage and means the actual physical pain and suffering that is the proximate result of a physical injury sustained by a person.]"

SECTION 3. Section 663-8.7, Hawaii Revised Statutes, is amended to read as follows:

"[[]§663-8.7[]] Limitation on [pain and suffering.] noneconomic damages. Damages recoverable for [pain and suffering] noneconomic damages as defined in section 663-8.5 shall be limited to a maximum award of [$375,000;] $500,000; provided that this limitation shall not apply to tort actions enumerated in section 663-10.9(2)."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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