| |
|
|
State Legislation- Bills up for Debate this week
Attached are the web links to the bills up for debate in the
house this week regarding tort reform. If you have any
questions or need additional information, please contact Jordi
Yarborough, RSFH Lobbyist, by mail today at jordi.yarborough@
ropersaintfrancis.com or by cell phone (270.6103) Thanks.
http://www.scstatehouse.net/sess115_2003-
2004/bills/3744.htm
http://www.scstatehouse.net/sess115_2003-
2004/bills/4464.htm
I thought the following summary SCHA
provided to its members this week would be helpful in
understanding exactly where we are.
Legislation:
H.4464 (W.D. Smith), which enacts the Medical Malpractice and
Patient Safety Reform Act, was also reported favorably as
amended. Three other amendments were adopted, two by
Representative G.M. Smith regarding practices and board
member restrictions of the JUA, and one by Representative
Coleman which inserts “per person” to limit caps to persons
and not to number of occurrences. Both bills are now pending
on the House calendar, and are expected to be considered next
Wednesday, January 21st.
éTort Reformé
After several hours of debate, two pieces of tort reform
legislation were amended and passed by the House Judiciary
Committee this week. H.3744 (Sandifer) enacts the South
Carolina Economic Development, Citizens, & Small Business
Protection Act. The bill represents a comprehensive package of
tort reform issues including venue, frivolous lawsuits, statute of
repose, right to cure, post judgment interest, non-economic
damage caps, punitive damages cap, and joint and several
liability. Included in the comprehensive amendment are
provisions that set a non-economic damages cap at $2 million,
a punitive damages cap at 9 x actual damages, requires an
affidavit upon the initiation of a lawsuit against a licensed
professional, sets the statute of repose for real estate at eight
years, establishes a right to cure for commercial property, and
sets post-judgment interest at prime plus 4%.
|
News
Updates
|
|
| News | Corporate Office | Membership | History | Past Presidents | Home | |