HB496 (2005) Detail

Relative to limits on non-economic damages in medical injury actions.


HB 496 – AS INTRODUCED

2005 SESSION

05-0277

06/09

HOUSE BILL 496

AN ACT relative to limits on non-economic damages in medical injury actions.

SPONSORS: Rep. Dickinson, Carr 1; Rep. Pilliod, Belk 5; Rep. MacKay, Merr 11; Rep. Pepino, Hills 11; Sen. Gallus, Dist 1; Sen. Kenney, Dist 3

COMMITTEE: Judiciary

ANALYSIS

This bill limits damages for non-economic losses to $250,000 in medical injury actions.

This bill also changes the definition of medical care provider for the purposes of medical injury actions.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0277

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to limits on non-economic damages in medical injury actions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Definitions; Medical Care Provider. RSA 507-E:1, II is repealed and reenacted to read as follows:

II. “Medical care provider” means a physician or other health care practitioner licensed, accredited, or certified to perform specified health services consistent with state law, a health care facility or agency licensed by the state or otherwise lawfully providing medical care or services, or an officer, employee, or agent thereof, acting in the course and scope of employment.

2 New Section; Limitation on Non-Economic Damages. Amend RSA 507-E by inserting after section 507-E:3 the following new section:

507-E:4 Limits on Non-Economic Damages. In any action for medical injury, the injured plaintiff shall be entitled to recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damage. The amount of damages for non-economic losses shall not exceed $250,000.

3 Effective Date. This act shall take effect January 1, 2006.

Links

HB496 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB496 Revision: 8944 Date: Jan. 21, 2010, midnight

Docket