Sec. 1. 24 MRSA c. 21, sub-c. 11 is enacted to read:

SUBCHAPTER 11

LIMITS ON NONECONOMIC DAMAGES

§2991.__Limits on noneconomic damages

1.__Definitions.__As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

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.

2.__Limitation.__In an action for professional negligence as defined in section 2502, the award for noneconomic damages 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 for noneconomic damages.__If the portion that is for noneconomic damages exceeds $250,000, the court shall reduce the award for noneconomic damages to that amount, unless a further reduction is warranted by exercise of the powers described in subsection 3.

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.

4.__Application.__This section applies to all cases in which notices of claim are filed after the effective date of this section.

SUMMARY

This bill sets a limit of $250,000 on noneconomic damages in medical liability actions. Under this bill, a plaintiff is still