Vote Smart's Synopsis:

Vote to pass a bill that removes medical malpractice award caps in cases of gross negligence and extends the time frame in which to file a malpractice suit.

Highlights:

-Provides that in the case of action against a health care provider for injury or death based on professional negligence, the plaintiff may file for up to $350,000 in noneconomic damages (Sec. 1). -Requires that if the defendant's conduct is found to have been gross negligence, there will be no limitation on the amount filed for noneconomic damages by the plaintiff (Sec. 1). -Defines "gross negligence" as a failure to exercise the required degree of care, skill or knowledge by a health care provider and an indifference to the consequences that could result in terms of the safety and welfare of the patient (Sec. 1). -Requires that actions for injury or death must be filed within 4 years after the date of injury or 2 years after the plaintiff discovers or should reasonably have discovered the injury (Sec. 5). -Prohibits a child from bringing action against a health care provider based on the same injury except for brain damage or sterility unless a parent or legal guardian files the action on their behalf (Sec. 5).

Full Bill Text