Medical Justice Act of 2007

Summary

Medical Justice Act of 2007 - Sets forth provisions regulating civil actions for an injury or death as the result of health care. Limits the non-economic damages that an individual may recover to: (1) $250,000 from health care practitioners; (2) $250,000 from any single health care institution; and (3) $500,000 from the class of liable health care institutions. Limits the total damages, including compensatory damages, that a person may recover from any single liable health care practitioner to $1,400,000. Provides that an insurer of a health care practitioner or health care institution is not liable for damages in excess of the liability of the insured for rejecting a reasonable settlement offer within policy limits. Sets forth requirements for qualified expert reports. Allows periodic or accrual payment for future damages. Prohibits a jury from awarding punitive or exemplary damages against a health care practitioner or health care institution unless the jury is unanimous. Makes each person liable only for a proportionate share of the total damages that directly corresponds to that person's responsibility. Makes a person seeking damages liable for litigation costs incurred after rejection of a settlement offer if such person receives a judgment at trial that is significantly less favorable than the terms of the settlement offer. Requires claims to be brought: (1) within two years after the act or omission if the affected individual is over the age of 12; or (2) before an affected individual under 12 attains the age of 14. Sets the statute of repose at no later than 10 years after the act or omission. Makes a health care practitioner or health care institution that provides emergency health care on a Good Samaritan basis immune from liability for damages caused by that care, except for willful or wanton negligence or more culpable misconduct.

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Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 10 September 2007

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• Introduced in House (PDF)

  Introduced in House · EN · 10 September 2007

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• Introduced in House

  summary · EN · 10 September 2007

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