Hawaii State Legislature

Bill Status

HB1325

Generated on 8/13/2007 3:59:35 PM

Measure Title:
RELATING TO TORTS.
Report Title:
Medical Tort
Description:
Limits noneconomic damages in medical tort actions to a maximum award of $250,000. Establishes limits for contingent fees that may be contracted by attorneys for medical tort actions. Requires the trier of fact to consider the negligence or fault of all alleged parties, including those who have entered into a settlement, upon request of any nonsettling defendant healthcare provider. Requires economic damages to be allocated to a healthcare provider based upon the healthcare provider's proportionate percentage of negligence or other fault. Redefines "medical tort" to mean a negligent act or omission to act by a healthcare provider in the rendering of professional services, or the rendering of professional service by a healthcare provider without informed consent, which act or omission or rendering of service without informed consent is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital.
Package:
Governor
Companion:
SB1411
Introducers:
SAY (BR)
Current Referral:
HLT, CPC, JUD
Date Status Text
1/22/2007HPending introduction.
1/24/2007HIntroduced and Pass First Reading.
1/24/2007HReferred to HLT, CPC, JUD, referral sheet 4
1/26/2007HBill scheduled to be heard by HLT on Tuesday, 01-30-07 at 8:30 am in House conference room 329.
1/30/2007HThe committee(s) recommends that the measure be deferred.

$ = Appropriation measure
ConAm = Constitutional Amendment

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