HOUSE DOCKET, NO. 2345        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1346

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Christine P. Barber

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act removing the liability cap for malpractice resulting in serious injury or death.

_______________

PETITION OF:

 

Name:

District/Address:

Christine P. Barber

34th Middlesex

Carmine Lawrence Gentile

13th Middlesex

Mike Connolly

26th Middlesex

Marjorie C. Decker

25th Middlesex

Paul J. Donato

35th Middlesex

Sean Garballey

23rd Middlesex

James K. Hawkins

2nd Bristol

Jonathan Hecht

29th Middlesex

Patricia D. Jehlen

Second Middlesex

Bradley H. Jones, Jr.

20th Middlesex

Kay Khan

11th Middlesex

Jay D. Livingstone

8th Suffolk

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

David M. Rogers

24th Middlesex

Jeffrey N. Roy

10th Norfolk

Daniel J. Ryan

2nd Suffolk

Theodore C. Speliotis

13th Essex

Steven Ultrino

33rd Middlesex


HOUSE DOCKET, NO. 2345        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1346

By Ms. Barber of Somerville, a petition (accompanied by bill, House, No. 1346) of Christine P. Barber and others relative to the liability cap for malpractice resulting in serious injury or death.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act removing the liability cap for malpractice resulting in serious injury or death.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 85K of chapter 231 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding after the figure “costs”, in line 12, the following:-

“unless, in actions against a provider of health care for claims brought under section 2 of chapter 229, or sections 60B to 60I of chapter 231, the jury determines that there is a substantial or permanent loss or impairment of a bodily function or substantial disfigurement, wrongful death, or other special circumstances in the case which warrant a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained. In any such action which is tried without a jury, the court shall not award the plaintiff more than $100,000 for pain and suffering, loss of companionship, embarrassment and other items of general damages unless the aforesaid findings are made specially by the court and stated separately in the judgment entered by the court”

SECTION 2. Section 2 of chapter 258 of the General Laws, as so appearing, is hereby amended by adding after the figure “$100,000”, in line 9, the following:-

“unless, in actions against a provider of health care for claims brought under section 2 of chapter 229, or sections 60B to 60I of chapter 231, the jury determines that there is a substantial or permanent loss or impairment of a bodily function or substantial disfigurement, wrongful death, or other special circumstances in the case which warrant a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained. In any such action which is tried without a jury, the court shall not award the plaintiff more than $100,000 for pain and suffering, loss of companionship, embarrassment and other items of general damages unless the aforesaid findings are made specially by the court and stated separately in the judgment entered by the court”