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:

Date Added:

Christine P. Barber

34th Middlesex

1/17/2019

Carmine Lawrence Gentile

13th Middlesex

1/23/2019

Mike Connolly

26th Middlesex

2/1/2019

Marjorie C. Decker

25th Middlesex

2/1/2019

Paul J. Donato

35th Middlesex

2/1/2019

Sean Garballey

23rd Middlesex

2/1/2019

James K. Hawkins

2nd Bristol

2/1/2019

Jonathan Hecht

29th Middlesex

2/1/2019

Patricia D. Jehlen

Second Middlesex

2/1/2019

Bradley H. Jones, Jr.

20th Middlesex

2/1/2019

Kay Khan

11th Middlesex

2/1/2019

Jay D. Livingstone

8th Suffolk

1/31/2019

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

2/1/2019

David M. Rogers

24th Middlesex

1/31/2019

Jeffrey N. Roy

10th Norfolk

2/1/2019

Daniel J. Ryan

2nd Suffolk

2/1/2019

Theodore C. Speliotis

13th Essex

2/1/2019

Steven Ultrino

33rd Middlesex

2/1/2019


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”