Medical malpractice
lawsuit bill heads to governor's desk
JIM
DAVENPORT Associated
Press
COLUMBIA, S.C. - Legislation limiting lawsuit
awards in medical malpractice cases is heading to Gov. Mark
Sanford's desk.
The legislation, expected to be ratified and sent to Sanford on
Wednesday, sets a $350,000 cap on pain and suffering awards in
medical malpractice lawsuits. If a doctor, hospital and another care
provider were involved in an incident, the award limit would reach a
total of more than $1 million.
"Obviously we're looking forward to getting this bill," Sanford
spokesman Will Folks said. "The governor's strongly supportive of
legislation that will make South Carolina more competitive and this
is an example."
The legislation also makes changes in aspects of all lawsuits,
not just those involving medical care providers.
One change encourages out-of-court settlements by penalizing the
party rejecting the settlement if a jury awards damages to the other
side.
The legislation also sets new standards for expert witnesses in
lawsuits involving nonmedical professions, including architects,
lawyers, certified public accountants, land surveyors, counselors
and professional.
Last week, Sanford signed a bill dealing with lawsuits that sets
standards for who pays what share of damages, restricts where
lawsuits can be filed, targets frivolous lawsuits and limits how
long businesses and consumers can sue over shoddy construction.
Groups outside the Legislature say they want more limits put on
lawsuits, but that may not happen for a while.
"First of all, we need to let the ink dry and let the provisions
of these bills go into effect and have an effect and then see if
there's any need to do more," House Speaker David Wilkins,
R-Greenville, said. "The first thing to do is let's give these bills
a chance to
work." |