Three states pass medical malpractice legislation.May and June were busy months for state legislatures--Alaska, Illinois, and New Hampshire New Hampshire, one of the New England states of the NE United States. It is bordered by Massachusetts (S), Vermont, with the Connecticut R. forming the boundary (W), the Canadian province of Quebec (NW), and Maine and a short strip of the Atlantic Ocean (E). passed legislation that affects the ability of medical malpractice Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. victims to obtain compensation for their injuries. Alaska's legislation, signed by Gov. Frank Murkowski Francis Hughes Murkowski (born March 28, 1933) is an American politician and a member of the Republican Party. He was a United States Senator from Alaska from 1981 until 2002 and Governor of Alaska from 2002 until 2006. (R) on June 7, establishes a $250,000 cap on noneconomic damages awards in medical malpractice cases arising out of a single injury, regardless of the number of health care providers against whom the claim is asserted. In cases involving wrongful death The taking of the life of an individual resulting from the willful or negligent act of another person or persons. If a person is killed because of the wrongful conduct of a person or persons, the decedent's heirs and other beneficiaries may file a wrongful death action or a severe physical impairment that is more than 70 percent disabling dis·a·ble tr.v. dis·a·bled, dis·a·bling, dis·a·bles 1. To deprive of capability or effectiveness, especially to impair the physical abilities of. 2. Law To render legally disqualified. , the cap is $400,000. The caps do not apply to reckless or intentional misconduct. The Illinois legislature also limited the compensation that medical malpractice victims can recover. The bill, which at press time was awaiting Gov. Rod Blagojevich's (D) signature, caps noneconomic damages awards at $500,000 for physicians and $1 million for hospitals. However, the cap may not withstand judicial scrutiny. A 1995 statute establishing a $500,000 cap on damages was held unconstitutional by the Illinois Supreme Court. (Best v. Taylor Mach. Works, 689 N.E.2d 1057 (Ill. 1997).) The bill requires public hearings on medical liability insurance rate increases above 6 percent and creates a Web site with information on physicians, including disciplinary actions by other states' licensing boards, revocation The recall of some power or authority that has been granted. Revocation by the act of a party is intentional and voluntary, such as when a person cancels a Power of Attorney that he has given or a will that he has written. of hospital privileges, and medical malpractice court judgments and arbitration awards. New Hampshire's legislation creates a three-person screening panel to review medical injury actions before trial and determine whether a health care provider was negligent. The panel's findings are given to the jury if the case proceeds to trial. At press time, the bill was awaiting Gov. John Lynch's (D) signature. |
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