Report Title:

Medical Torts; Damages

Description:

Places a ceiling on non-economic damages in medical torts involving neurologists and neurosurgeons.

HOUSE OF REPRESENTATIVES	H.B. NO.	1514
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO MEDICAL TORTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act, to be known as "The Hawaii Non-Economic Cap Act of 2009", is to address medical malpractice insurance and defensive medical costs by placing a $1,000,000 ceiling on non-economic damages for doctors who specialize in the practice of neurology or neurosurgery.

     This Act is one of eight proposals introduced during the regular session of 2009 designed to address the increasingly problematic medical environment in Hawaii.  Collectively, these eight measures shall be known as "the Hawaii doctor recruitment and retention action plan of 2009".

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

     "§671-    Noneconomic damages; ceiling. Damages recoverable for noneconomic damages, as defined in section 663-8.5, against a licensee under chapter 453 who is board-certified in neurology or neurosurgery shall be limited to a maximum award of $1,000,000."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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