SENATE AMENDMENT
    Bill No. CS for SB 2-C
    Amendment No. ___   Barcode 854786
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  WD/2R          .                    
       07/11/2003 11:19 AM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Lee moved the following amendment:
12  
13         Senate Amendment 
14         On page 138., line 12 through page 139, line 24, delete
15  those lines
16  
17  and insert:  
18         Section 1.  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, recovery for noneconomic damages as
24  defined in s. 766.202(8), shall not exceed $500,000 aggregate
25  for all defendant health care practitioners, $500,000
26  aggregate for all defendant health care facilities, and
27  $500,000 aggregate for all other defendant health care
28  providers regardless of the number of claimants involved in
29  the action subject to the limitations set forth in subsection
30  (2).
31         (2)  Notwithstanding subsection (1), in a cause of
                                  1
    8:15 PM   07/10/03                              s0002C.ju10.1a


                                                  SENATE AMENDMENT
    Bill No. CS for SB 2-C
    Amendment No. ___   Barcode 854786
 1  action arising from and occurrence medical negligence
 2  resulting in certain catastrophic injuries including death,
 3  coma, severe and permanent brain damage, mastectomy, loss of
 4  reproductive capabilities, hemiplegia, quadriplegia,
 5  paraplegia, blindness, or a permanent vegetative state, the
 6  trier of fact may award noneconomic damages under this
 7  subsection in an amount not to exceed $1 million aggregate for
 8  all defendant health care practitioners, $1 million aggregate
 9  for all defendant health care facilities, and $1 million
10  aggregate for all other defendant health care providers. The
11  maximum amount of noneconomic damages under this subsection
12  may not exceed $3 million per incident.
13         (3)  The maximum amount of noneconomic damages which
14  may be awarded under this section must be adjusted each year
15  on July 1 to reflect the rate of inflation or deflation as
16  indicated in the Consumer Price Index for All Urban Consumers
17  published by the United States Department of Labor. However,
18  the maximum amount of noneconomic damages which may be awarded
19  may not be less than $500,000.
20         (4)  Notwithstanding any law to the contrary, the caps
21  on noneconomic damages provided in subsection (1) or (2) of
22  this section do not apply to any incident involving a
23  physician or osteopathic physician who is not in compliance
24  with the financial responsibility requirements set forth in
25  ss. 458.320 and 459.0085, respectively.
26         (5)  This section expires effective September 1, 2006,
27  but shall continue to apply with respect to incidents that
28  occur prior to that date.
29  
30  
31  
                                  2
    8:15 PM   07/10/03                              s0002C.ju10.1a