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Legislation Detail
HB 379 MEDICAL MALPRACTICE PUNTITIVE CLAIM EVIDENCE
Sponsored By: Rep Rodney (Rod) D Montoya

Actions: [5] HHHC/HJC-HHHC

Scheduled: Not Scheduled

Summary:
 House Bill 379 (HB379) relates to medical malpractice by limiting the availability of punitive damages in medical malpractice claims. 
Legislation Overview:
 House Bill379 (HB379) finds new language in Section 1, paragraph E which is added to say: “Punitive damages may only be awarded if the prevailing party provides clear and convincing evidence demonstrating that the acts of the health care provider were made with deliberate disregard for the rights or safety of others” and that punitive damages shall not be greater than thirty times the state median annual household income at the time the award is made. 
This language referring to the thirty times median income  is to be found in a new paragraph F in Section 1 of the legislation. 
These modifications are made to Chapter 41, Torts, Article 5, Medical Malpractice Act, Sections 41-5-7 referring to medical expenses and punitive damages. 
 
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