H.B. 294

1

MEDICAL MALPRACTICE AMENDMENTS
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bryan D. Holladay
5 AN ACT RELATING TO THE JUDICIAL CODE; REQUIRING THE MONETARY CAP ON
6 NONECONOMIC DAMAGES IN MEDICAL MALPRACTICE CASES TO BE ADJUSTED
7 FOR INFLATION EACH YEAR; CLARIFYING THAT THE ANNUAL INFLATION
8 ADJUSTMENT ONLY APPLIES TO CAUSES OF ACTION THAT ARISE AFTER THE
9 ADJUSTMENT IS MADE; AND PROVIDING AN EFFECTIVE DATE.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 78-14-7.1, as enacted by Chapter 205, Laws of Utah 1986
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 78-14-7.1 is amended to read:
15 78-14-7.1. Limitation of award of noneconomic damages in malpractice actions.
16 (1) In a malpractice action against a health care provider, an injured plaintiff may recover
17 noneconomic losses to compensate for pain, suffering, and inconvenience. In no case shall the
18 amount of damages awarded for such noneconomic loss exceed $250,000. This limitation does
19 not affect awards of punitive damages.
20 (2) The $250,000 limitation in Subsection (1) shall apply to any cause of action that arises
21 before July 1, 2000.
22 (3) (a) Beginning in 2000, the $250,000 limitation established in Subsection (1) shall be
23 adjusted for inflation each July 1.
24 (b) The amount resulting from Subsection (3)(a) shall:
25 (i) be rounded to the nearest $10,000; and
26 (ii) apply to causes of action that arise on and after the date that the annual adjustment is
27 made.

28 (c) The state treasurer shall annually certify the inflation-adjusted limitation before July
29 15.
30 (4) As used in this section, "inflation" means the total percentage change in the Consumer
31 Price Index for all items in the Western Region as determined by the federal Department of Labor
32 since July 1, 1986.
33 Section 2. Effective date.
34 This act takes effect on July 1, 2000.




Legislative Review Note
as of 1-31-00 12:25 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel