Sec. 403. Payment of damages and recovery of costs in health care lawsuits
592 words·~3 min read·
/bill/114/s/2519/is/section-403A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any health care lawsuit, if an award of future damages, without reduction to present value, equaling or exceeding $50,000 is made against a party with sufficient insurance or other assets to fund a periodic payment of such a judgment, the court shall, at the request of any party, enter a judgment ordering that the future damages be paid by periodic payments, in accordance with the Uniform Periodic Payment of Judgments Act promulgated by the National Conference of Commissioners on Uniform State Laws.
In any health care lawsuit, the court may supervise the arrangements for payment of damages to protect against conflicts of interest that may have the effect of reducing the amount of damages awarded that are actually paid to claimants. In particular, in any health care lawsuit in which the attorney for a party claims a financial stake in the outcome by virtue of a contingent fee, the court shall have the power to restrict the payment of a claimant's damage recovery to such attorney, and to redirect such damages to the claimant based upon the interests of justice and principles of equity.
This section applies to all actions which have not been first set for trial or retrial before the effective date of this title. Except in the case of a State law that provides for a shorter period of time, the time for the commencement of a health care lawsuit shall be no more than 3 years after the date of manifestation of injury or 1 year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of a health care lawsuit exceed 3 years after the date of manifestation of injury unless tolled for any of the following— upon proof of fraud; intentional concealment; or the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person.
Except in the case of a State law that provides for a shorter period of time, actions by a minor shall be commenced within 3 years from the date of the alleged manifestation of injury except that actions by a minor under the full age of 6 years shall be commenced within 3 years of manifestation of injury or prior to the minor’s 8th birthday, whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which a parent or guardian and a health care provider or health care organization have committed fraud or collusion in the failure to bring an action on behalf of the injured minor.
In any health care lawsuit, each party shall be liable for that party’s several share of any damages only and not for the share of any other person. Each party shall be liable only for the amount of damages allocated to such party in direct proportion to such party’s percentage of responsibility. Whenever a judgment of liability is rendered as to any party, a separate judgment shall be rendered against each such party for the amount allocated to such party. For purposes of this section, the trier of fact shall determine the proportion of responsibility of each party for the claimant’s harm.
In any health care lawsuit, if a claimant receives any expression of regret for any act pertaining to conduct giving rise to the health care lawsuit, such expression of regret, notwithstanding any applicable rule of evidence may not be admitted into evidence in the health care lawsuit.