LD 1378
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Page 1 of 4 An Act To Preserve the Medical Liability Climate in the State by Capping Noneco... Page 3 of 4
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LR 1575
Item 1

 
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:


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