2012 Senate Bill 1136

Create medical malpractice “punitive damages” cap exceptions

Introduced in the Senate

May 23, 2012

Introduced by Sen. Bert Johnson (D-2)

To create exceptions to a state cap of $500,000 on “non-economic” damages (“pain and suffering” or “punitive” damages) in medical malpractice awards. Under the bill, up to triple the amount of actual (economic) damages could be awarded if there are grounds for discipline of the defendant related to criminal actions or fraud, mental or physical inability, pursuit of personal gain from promoting an unnecessary device or drug, or other specified abuses.

Referred to the Committee on Insurance