SENATE AMENDMENT
    Bill No. CS for SB 2-B
    Amendment No. ___   Barcode 903640
                            CHAMBER ACTION
              Senate                               House
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       06/19/2003 11:48 AM         .                    
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11  Senator Jones moved the following amendment:
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13         Senate 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.  Section 766.118, Florida Statutes, is
19  created to read:
20         766.118 Determination of noneconomic damages.--
21         (1)  With respect to a cause of action for personal
22  injury or wrongful death resulting from an occurrence of
23  medical negligence, damages recoverable for noneconomic losses
24  to compensate for pain and suffering, inconvenience, physical
25  impairment, mental anguish, disfigurement, loss of capacity
26  for enjoyment of life, and all other noneconomic damages shall
27  not exceed $500,000 aggregate for all defendant practitioners,
28  $500,000 aggregate for all defendant facilities, and $500,000
29  aggregate for all other defendants regardless of the number of
30  claimants involved in the action subject to the limitations
31  set forth in subsection (2).
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    7:50 PM   06/17/03                              s0002B.hc13.g1


                                                  SENATE AMENDMENT
    Bill No. CS for SB 2-B
    Amendment No. ___   Barcode 903640
 1         (2)  Notwithstanding subsection (1), the trier of fact
 2  may award noneconomic damages under this section in an amount
 3  not to exceed $2 million per incident in cases where medical
 4  negligence results in certain catastrophic injuries including
 5  death, coma, severe and permanent brain damage, quadriplegia,
 6  paraplegia, blindness, or a permanent vegetative state.
 7  Regardless of the number of individual claimants, the total
 8  noneconomic damages that may be awarded for all claims arising
 9  out of the same incident, shall be limited to a maximum of $2
10  million aggregate for all defendant practitioners, $2 million
11  aggregate for all defendant facilities, and $2 million
12  aggregate for all other defendants.
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    7:50 PM   06/17/03                              s0002B.hc13.g1