| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 24 MRSA c. 21, sub-c. XI is enacted to read: |
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| LIMITS ON NONECONOMIC DAMAGES |
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| §2991.__Limits on noneconomic damages |
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| | 1.__Definitions.__As used in this subchapter, unless the | context otherwise indicates, the following terms have the | following meanings. |
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| A.__"Noneconomic damages" means subjective, nonpecuniary | damages arising from pain, suffering, inconvenience, | physical impairment, disfigurement, mental anguish, | emotional stress, loss of society and companionship, loss of | consortium, injury to reputation, humiliation, other | nonpecuniary damages and any other theory of damages such as | fear of loss, illness or injury. |
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| | 2.__Limitation.__In an action for professional negligence as | defined in section 2502, the noneconomic damages awarded to a | prevailing party may not exceed $250,000.__If the trial of the | action is by a jury, the jury may not be informed of the damage | award limitation established in this section.__If the jury awards | total damages in excess of $250,000, the court shall direct the | jury to establish the portion of the total damages awarded that | is noneconomic damages.__If the portion that is noneconomic | damages exceeds $250,000, the court shall reduce the noneconomic | damages awarded to that amount, unless a further reduction is | warranted by exercise of the powers described in subsection 3. |
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| | 3.__Court's powers.__Nothing in this section is intended to | eliminate the court's powers of additur and remittitur with | regard to all damages, except to the extent that the power of | additur is limited with regard to noneconomic damages beyond the | limitation established in subsection 2. |
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| | 4.__Application.__This section applies to all cases in which | notices of claim are filed after the effective date of this | section. |
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| | This bill sets a limit of $250,000 on noneconomic damages in | medical liability actions. Under this bill, a plaintiff is still | entitled to the full economic loss, including all medical |
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