05 LC 29
1642
House
Bill 329
By:
Representatives Lindsey of the
54th,
Willard of the
49th,
Ralston of the
7th,
Mumford of the
95th,
Miller of the
106th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia
Annotated, relating to general provisions for damages in tort actions, so as to
limit noneconomic damages in certain actions relating to medical negligence; to
provide for definitions; to provide for related matters; to provide for an
effective date and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating
to general provisions for damages in tort actions, is amended by adding a new
Code section to the end of the article to read as follows:
"51-12-15.
(a)
As used in this Code section, the term:
(1)
'Catastrophic injury' means a permanent impairment constituted by:
(A)
Spinal cord injury involving severe paralysis of an arm, a leg, or the
trunk;
(B)
Amputation of an arm, a hand, a foot, or a leg involving the effective loss of
use of that appendage;
(C)
Severe brain or closed-head injury as evidenced by:
(i)
Severe sensory or motor disturbances;
(ii)
Severe communication disturbances;
(iii)
Severe complex integrated disturbances of cerebral function;
(iv)
Severe episodic neurological disorders; or
(v)
Other severe brain and closed-head injury conditions at least as severe in
nature as any condition provided in divisions (i) through (iv) of this
subparagraph;
(D)
Second-degree or third-degree burns of 25 percent or more of the total body
surface or third-degree burns of 5 percent or more to the face and
hands;
(E)
Blindness, defined as a complete and total loss of vision; or
(F)
Loss of reproductive organs which results in an inability to
procreate.
(2)
'Claimant' means any person who has a cause of action for damages based on
personal injury or wrongful death arising from medical negligence.
(3)
'Health care provider' means any hospital, ambulatory surgical center, birthing
center, or mobile surgical facility as defined and licensed under Chapter 7 of
Title 31; any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34,
35, 39, or 44 of Title 43; a clinical lab licensed under Chapter 22 of Title 31;
a health maintenance organization certificated under Chapter 21 of Title 33; a
blood bank; a plasma center; an industrial clinic; a renal dialysis facility; or
a professional association, partnership, corporation, joint venture, or other
association for professional activity by health care providers.
(4)
'Medical negligence' means medical malpractice, whether grounded in tort or in
contract.
(5)
'Noneconomic damages' means nonfinancial losses that would not have occurred but
for the injury giving rise to the cause of action, including pain and suffering,
inconvenience, physical impairment, mental anguish, disfigurement, loss of
capacity for enjoyment of life, and other nonfinancial losses to the extent the
claimant is entitled to recover such damages under general law, including an
action for wrongful death pursuant to Chapter 4 of this title.
(6)
'Practitioner' means any person licensed under Chapter 9, 10A, 11, 11A, 26, 28,
30, 33, 34, 35, 39, or 44 of Title 43. The term also means any association,
corporation, firm, partnership, or other business entity under which such
practitioner practices or any employee of such practitioner or entity acting in
the scope of his or her employment. For the purpose of determining the
limitations on noneconomic damages set forth in this Code section, the term
includes any person or entity for whom a practitioner is vicariously liable and
any person or entity whose liability is based solely on such person or entity
being vicariously liable for the actions of a practitioner.
(b)
Subject to the limitations set forth in subsection (c) of this Code section,
with respect to a cause of action for personal injury or wrongful death arising
from medical negligence of practitioners or health care providers, regardless of
the number of such defendants, noneconomic damages shall not exceed $750,000.00
per claimant. No practitioner shall be liable for more than $750,000.00 in
noneconomic damages, regardless of the number of claimants.
(c)
If the trier of fact determines that the
defendant́s
negligence resulted in a catastrophic injury, a permanent vegetative state, or
death, the limitations set forth in subsection (b) of this Code section shall
not be
applied."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval. This Act shall apply only to causes of
action arising on or after the effective date of this Act. Any cause of action
arising prior to that date shall continue to be governed by the laws in effect
at the time such cause of action arose.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.