Sets a cap of $250,000 on noneconomic damages that may be recovered from a physician or surgeon in a medical liability action for emergency care services provided in the emergency room of a hospital.

A BILL FOR AN ACT

SECTION 1. The legislature finds that one of the most acute issues faced by Hawaii hospitals is their struggle to maintain a sufficient number of medical specialists on call to their emergency departments. For example, Hawaii hospitals have continued to experience a shortage of orthopedic surgeons who are willing to be on call to emergency departments to treat patients with fractures, dislocations, and other orthopedic emergencies seeking care in emergency departments. The shortage results in delays of patient care, as emergency department physicians and administrators call other hospitals to arrange transfers.

The legislature finds that rising professional liability costs contribute significantly to doctor shortages in emergency room coverage. Without meaningful reform, the crisis will get worse, and patient access to emergency care will continue to decrease.

The purpose of this Act is to improve the availability of emergency care by setting a $250,000 cap on noneconomic damages that may be recovered from a physician or surgeon in a medical liability action, where the health care services at issue were provided for emergency care in a hospital emergency room or as follow-up to that emergency care.

SECTION 2. Chapter 671, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designate and to read as follows:

"§671-   Medical liability actions for emergency care; damages. (a) Nothwithstanding any other law to the contrary, in any medical liability action against a practitioner in which health care services at issue were provided for emergency care in the emergency room of a hospital or as follow-up to emergency care services provided in the emergency room, the amount of noneconomic damages awarded shall not exceed $250,000, regardless of the number of parties against whom the action is brought or the number of actions brought with respect to the personal injury.

(b) Nothing in this section shall apply to a medical liability action brought for wrongful death.

(c) For purposes of this section, "health care services" means any services provided by a health care organization, provider, or by an individual working under the supervision of a health care provider, that relate to the diagnosis, prevention, or treatment of any human disease or impairment or the assessment of the health of human beings. "Medical liability action" means any civil action involving, or contingent upon, personal injury brought against a health care provider based upon professional negligence. "Noneconomic damages" has the same meaning as in section 663-8.5. "Practitioner" means a physician or surgeon licensed under chapter 453."

SECTION 3. This Act shall not apply to any cause of action for which a complaint has been filed prior to its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2006.