|
| Sec. 3. 14 MRSA §165, sub-§3, ¶B, as enacted by PL 1995, c. 299, §1, is | amended to read: |
|
| B. Fault of the plaintiff to the extent that the | plaintiff's fault bars or reduces the plaintiff's recovery | under section 156 156-A; or |
|
| | Sec. 4. 24 MRSA §2855, sub-§1, as amended by PL 1999, c. 668, §103, | is further amended to read: |
|
| | 1. Negligence and causation. At the conclusion of the | presentations, the panel shall make its findings in writing | within 30 days by answering the following questions: |
|
| A. Whether the acts or omissions complained of constitute a | deviation from the applicable standard of care by the health | care practitioner or health care provider charged with that | care; |
|
| B. Whether the acts or omissions complained of proximately | caused the injury complained of; and |
|
| C. If negligence on the part of the health care | practitioner or health care provider is found, whether any | negligence on the part of the patient was equal to or | greater than the negligence on the part of the practitioner | or provider. |
|
| If negligence on the part of the health care practitioner or | health care provider is found and that negligence is determined | to have caused injury to the patient, the panel shall specify the | damages attributable to the health care practitioner or health | care provider or to each in an action involving multiple health | care practitioners or health care providers. |
|
| | Sec. 5. 24 MRSA §§2907 and 2908 are enacted to read: |
|
| §2907.__Damages in actions for professional negligence |
|
| | 1.__Definitions.__As used in this section, unless the context | otherwise indicates, the following terms have the following | meanings. |
|
| A.__"Compensatory damages" means damages to compensate an | injured party.__There are 2 types of compensatory damages: |
|
| (1)__Economic damages, which consist of: |
|
|