Key Votes
SB 33 - Medical Malpractice Amendments - Key Vote
North Carolina Key Votes
Stages
- July 25, 2011 House Veto Override Passed
- July 13, 2011 Senate Veto Override Passed
- June 24, 2011 Executive Vetoed
- June 9, 2011 House Conference Report Adopted
- June 9, 2011 Senate Conference Report Adopted
- April 26, 2011 Senate Concurrence Vote Failed
- April 20, 2011 House Bill Passed
- March 2, 2011 Senate Bill Passed
- Feb. 3, 2011 Introduced
Family
Issues
Stage Details
Legislation - Veto Override Passed (House) (74-42) - July 25, 2011
Legislation - Veto Override Passed (Senate) (35-12) - July 13, 2011
Legislation - Vetoed (Executive) - June 24, 2011
Title: Medical Malpractice Amendments
Legislation - Conference Report Adopted (House) (62-44) - June 9, 2011
Title: Medical Malpractice Amendments
Legislation - Conference Report Adopted (Senate) (32-9) - June 9, 2011
Legislation - Concurrence Vote Failed (Senate) (8-40) - April 26, 2011
Title: Medical Malpractice Amendments
Legislation - Bill Passed (House) (91-27) - April 20, 2011 (Key vote)
Title: Medical Malpractice Amendments
Vote Smart's Synopsis:
Vote to pass a bill that limits the amount of non-economic damages that may be awarded in a medical malpractice lawsuit to $500,000, effective October 1, 2011.
Highlights:
-Limits the total amount of non-economic damages that can be awarded to a plaintiff in a medical malpractice lawsuit at $500,000 per plaintiff (Sec. 3).
-Specifies that defendant health care providers are not liable for the payment of damages unless the court finds that the health care provider's conduct constituted gross negligence, wanton conduct, or intentional wrongdoing (Sec. 1).
-Requires the court to order separate trials for the issue of liability and the issue of damages in medical malpractice lawsuits, if the plaintiff in such a lawsuit is seeking damages greater than $75,000 (Sec. 2).
-Defines "non-economic damages" as damages that compensate for any of the following (Sec. 3):
- -Pain;
-Suffering;
-Emotional distress;
-Loss of consortium;
-Inconvenience;
-Physical impairment;
-Disfigurement; and
-Any other nonmonetary damage.
Legislation - Bill Passed (Senate) (36-13) - March 2, 2011 (Key vote)
Title: Medical Malpractice Amendments
Vote Smart's Synopsis:
Vote to pass a bill that amends medical liability laws.
Highlights:
-Establishes that in any medical malpractice action relating to a medical emergency, the defendant's health care provider shall not be held liable for the payment of damages unless it is established in court that the health care provider's deviation from the standard of care included gross negligence, wanton conduct, or intentional wrongdoing (Sec. 1).
-Establishes that if the plaintiff in a medical malpractice action seeks damages of $75,000 or more, the court shall order separate trials for both the issue of liability and the issue of damages (Sec. 2).
-Defines "noneconomic damages" as damages to compensate for pain, suffering, emotional distress, loss of consortium, inconvenience, physical impairment, disfigurement, and any other nonmonetary, compensatory damage (Sec. 3).
-Establishes that in any medical malpractice action in which the plaintiff is entitled to receive an award of noneconomic damages, the total amount of noneconomic damages shall not exceed $500,000 per plaintiff (Sec. 3).
-Defines "future economic damages" as damages for the future expense for medical treatment, care or custody, loss of future earnings, loss of future household services, and any other future monetary damages of the plaintiff following the date of the verdict or award (Sec. 4).
-Requires the presiding judge in any medical malpractice action to order that the future economic damages of the plaintiff be paid off by periodic payments if the future economic damages award is $200,000 or more and if any party requests it (Sec. 4).
Note:
NOTE: THIS IS A SECOND READING VOTE TO END DEBATE ON THE BILL AND ADVANCE IT TO THE THIRD READING IN WHICH AN UP-OR-DOWN VOTE FOR PASSAGE WILL OCCUR ONLY IF VOTES CHANGE OR THE THIRD READING OCCURS ON A DIFFERENT LEGISLATIVE DAY.
Legislation - Introduced (Senate) - Feb. 3, 2011
Title: Medical Malpractice Amendments
Sponsors
Co-sponsors
- Stanley Walker 'Stan' Bingham (NC - R)
- Harris Durham Blake (NC - R) (Out Of Office)
- Andrew Coley Brock (NC - R)
- Debbie Ann Clary (NC - R) (Out Of Office)
- James Wayland 'Jim' Davis (NC - R)
- Thomas C. 'Thom' Goolsby (NC - R)
- Richard Wallace 'Rick' Gunn Jr. (NC - R)
- Kathryn Gray 'Kathy' Harrington (NC - R)
- Ralph Edward Hise Jr. (NC - R)
- Neal K. Hunt (NC - R)
- William Brent 'Brent' Jackson (NC - R)
- Edward 'Ed' Jones (NC - D) (Out Of Office)
- Eric Lemoine Mansfield (NC - D) (Out Of Office)
- Wesley A. Meredith (NC - R)
- Louis M. Pate Jr. (NC - R)
- Jean Rouse Preston (NC - R) (Out Of Office)
- William R. 'Bill' Purcell (NC - D) (Out Of Office)
- William Peter 'Bill' Rabon (NC - R)
- David Rouzer (NC - R) (Out Of Office)
- Daniel Frederick Soucek (NC - R)
- Richard Y. Stevens (NC - R) (Out Of Office)
- Jerry W. Tillman (NC - R)
- Wyatt Thomas 'Tommy' Tucker Sr. (NC - R)
- Michael P. Walters (NC - D)