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BILL AS INTRODUCED 2007-2008

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H.814

SHORT FORM

Introduced by Representative Mrowicki of Putney (By Request)

Referred to Committee on

Date:

Subject:  Court procedure; medical malpractice

Statement of purpose:  This bill proposes a number of changes related to medical malpractice actions.  The bill:

(1)  requires the Vermont property and casualty guaranty association to pay medical malpractice claims which were timely filed against insolvent insurers;

(2)  provides for public inspection of all rate filings;

(3)  shortens the time period within which minors may bring medical malpractice actions;

(4)  sets standards for the qualification of physician expert witnesses;

(5)  limits damages for pain and suffering in medical malpractice actions to $250,000.00, adjusted every other year, beginning in 2009, based on the Consumer Price Index;

(6)  provides limited immunity to health care practitioners providing volunteer or public health services;

(7)  establishes a mandatory arbitration process for medical malpractice actions;

(8)  requires the plaintiff to pay the attorney’s fees of a defendant who prevails in a medical malpractice action; and

(9)  establishes a system of no-fault medical malpractice in which payments are made to injured parties from a compensation fund.

AN ACT RELATING TO PROCEDURES INVOLVING MEDICAL MALPRACTICE ACTIONS

(TEXT OMITTED IN SHORT-FORM BILLS)



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us