SENATE AMENDMENT
Bill No. CS for SB 2-B
Amendment No. ___ Barcode 324062
CHAMBER ACTION
Senate House
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06/18/2003 07:46 PM .
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11 Senator Campbell moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 131, line 19, through page 132, line 7, delete
15 those lines
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17 and insert:
18 Section 60. Determination of noneconomic damages.--
19 (1) With respect to a cause of action for personal
20 injury or wrongful death resulting from an occurrence of
21 medical negligence, damages recoverable from each defendant
22 for noneconomic losses to compensate for pain and suffering,
23 inconvenience, physical impairment, mental anguish,
24 disfigurement, loss of capacity for enjoyment of life, and all
25 other noneconomic damages shall not exceed $500,000 to each
26 plaintiff in a personal injury action or each statutory
27 survivor under section 768.21, Florida Statutes, in a wrongful
28 death action.
29 (2) Notwithstanding subsection (1), the trier of fact
30 may award noneconomic damages under this section in an amount
31 exceeding the amount set forth in subsection (1) in cases
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SENATE AMENDMENT
Bill No. CS for SB 2-B
Amendment No. ___ Barcode 324062
1 where medical negligence results in certain catastrophic
2 injuries, including death, coma, severe and permanent brain
3 damage, quadriplegia, paraplegia, blindness, or a permanent
4 vegetative state, or where the trier of fact determines that
5 there is a substantial or permanent loss or impairment of a
6 bodily function, or substantial disfigurement, except in those
7 actions under s. 766.207-766.212.
8 (3) The maximum amount of noneconomic damages that may
9 be awarded under subsection (1) must be adjusted each year on
10 July 1 to reflect the rate of inflation or deflation as
11 indicated in the Consumer Price Index for all urban consumers
12 which is published by the United States Department of Labor;
13 however, the maximum amount of noneconomic damages that may be
14 awarded under subsection (1) may not be less than $500,000.
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18 And the title is amended as follows:
19 On page 14, lines 21-24, delete those lines
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21 and insert:
22 for mandatory mediation; providing a maximum
23 amount to be awarded as noneconomic damages in
24 medical negligence actions; providing
25 exceptions; providing for cost-of-living
26 adjustments to such maximum amount of
27 noneconomic damages; amending s.
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