SENATE DOCKET, NO. 1306        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 956

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Patricia D. Jehlen

_________________

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:

 

Patricia D. Jehlen

Second Middlesex

 

Bradley H. Jones, Jr.

20th Middlesex

2/1/2019

Marjorie C. Decker

25th Middlesex

2/1/2019

Mike Connolly

26th Middlesex

2/1/2019

Mark C. Montigny

Second Bristol and Plymouth

2/7/2019

Tram T. Nguyen

18th Essex

2/11/2019

Kay Khan

11th Middlesex

2/13/2019

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

2/14/2019

Christopher Hendricks

11th Bristol

2/15/2019

Lindsay N. Sabadosa

1st Hampshire

3/19/2019

Michael O. Moore

Second Worcester

4/23/2019


SENATE DOCKET, NO. 1306        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 956

By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 956) of Patricia D. Jehlen, Bradley H. Jones, Jr., Marjorie C. Decker, Mike Connolly and other members of the General Court for legislation to remove 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”