S.B. 129

1

MEDICAL MALPRACTICE - MONETARY CAP
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Michael G. Waddoups
5 This act modifies the Judicial Code. This act increases the limit on the recovery of
6 noneconomic damages in malpractice actions against health care providers. The act provides
7 for an annual adjustment to the limit based on inflation, with this adjustment applying only
8 to a cause of action that arises after the adjustment is made. This act requires rulemaking
9 and provides 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 The amount of damages awarded for [such] noneconomic loss may not exceed [$250,000. This
19 limitation]:
20 (a) for a cause of action arising before July 1, 2001, $250,000;
21 (b) for a cause of action arising on or after July 1, 2001 and before July 1, 2002, S [
21a $500,000 ] THE LIMITATION IS ADJUSTED FOR INFLATION TO $400,000 s ;
22 and
23 (c) for a cause of action arising on or after July 1, 2002, the S [ $500,000 ] $400,000 s
23a limitation described
24 in Subsection (1)(b) shall be adjusted for inflation as provided in Subsection (2).
25 (2) (a) Beginning July 1, 2002 and each July 1 thereafter, the limit for damages under
26 Subsection (1)(c) shall be adjusted for inflation by the state treasurer.
27 (b) By July 15 of each year, the state treasurer shall:

28 (i) certify the inflation-adjusted limit calculated under this Subsection (2); and
29 (ii) inform the Administrative Office of the Courts of the certified limit.
30 (c) The amount resulting from Subsection (2)(a) shall:
31 (i) be rounded to the nearest $10,000; and
32 (ii) apply to a cause of action arising on or after the date the annual adjustment is made.
33 (3) As used in this section, "inflation" means the seasonally adjusted consumer price index
34 for all urban consumers as published by the Bureau of Labor Statistics of the United States
35 Department of Labor.
36 (4) The limit under Subsection (1) does not [affect] apply to awards of punitive damages.
37 Section 2. Transition clause.
38 This act has prospective effect only and any changes to the law caused by this act do not
39 apply to any claims based upon injuries or losses that occurred before July 1, 2001.
40 Section 3. Effective date.
41 This act takes effect on July 1, 2001.




Legislative Review Note
as of 1-11-01 4:05 PM

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

Office of Legislative Research and General Counsel