The new draft would provide some limited protection for emergency care providers, permit separate trials for determinations of liability and damages, cap noneconomic damages at $500,000 per defendant per occurrence, allow for periodic payment of large future damages awards (over $200,000), allow judges to limit appeal bonds based on relevant factors, and require experts that provide preliminary certification of malpractice claims to review the available records beforehand. The committee is expected to vote on the proposal next week. Additional changes may be made before that vote occurs.
The NCMS continues to work aggressively in support of medical liability reform. Physicians are encouraged to contact your state Senators and ask them to support Senate Bill 33.