RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --, EVIDENCE
Impact
The repeal of the collateral source rule could lead to a decrease in the total award amounts for plaintiffs in medical malpractice cases. If a defendant in such a lawsuit chooses to introduce evidence of benefits received by the plaintiff from other sources (such as health insurance), it could drastically affect the jury's decisions on damages. This may ultimately favor defendants, potentially disincentivizing claims against medical professionals and institutions, while also modifying the financial responsibilities and perceptions surrounding malpractice insurance.
Summary
Bill S3189 seeks to repeal the collateral source rule specifically in medical malpractice cases. This rule traditionally allows plaintiffs to recover damages without having to disclose any compensation they received from collateral sources, such as insurance. By eliminating this rule, the bill proposes a significant change in how damages are assessed and awarded in personal injury cases involving professional negligence against healthcare providers. This action aligns with a broader movement to reform the legal landscape concerning medical malpractice lawsuits.
Contention
Notably, there are concerns about the implications of this repeal for plaintiffs who may already face challenges in proving their cases. Critics argue that the bill could disproportionately harm injured patients who rely on pursuing financial compensation for their medical expenses and suffering. Since the jury would be informed about any insurance benefits received, there is a fear that they may under-award damages based on pre-existing insurance payouts, undermining the principle of full compensation for victims of medical negligence. Proponents of the bill argue it makes the process fairer for defendants and reduces 'double-dipping' by plaintiffs.
Prohibits gender transition procedures for all minors, uses of public funds, discipline for health care providers, a 30 year statute of limitation, after reaching age of majority, and right to a civil action for damages.
Mandates paid leave by allowing qualified employees to take medical leave to undergo donation procedures, medical tests, and recovery related to being a living organ donor, or bone marrow transplant donor.
Establishes the Genetic Information Privacy Act, which would require a direct-to-consumer genetic testing company, as defined, to provide a consumer with certain information regarding the company’s policies and procedures regarding use of genetic data.