Vote Smart's Synopsis:

Vote to pass a bill that establishes statutory causes of action in medical malpractice lawsuits.

Highlights:

• Establishes a statutory cause of action for damages against a health care provider for personal injury or death caused by “the rendering of or failure to render” health services (Sec. A).

• Specifies that a health care provider is liable under the provisions of this bill if the health care provider did not use the degree of skill “ordinarily” used under “similar circumstances” by “similarly situated” health care providers which “proximately” caused the injury or death (Sec. A).

• Prohibits a plaintiff affected by the provisions of this bill from recovering more than $350,000 for noneconomic damages, regardless of the number of defendants (Sec. A).

Full Bill Text