House committee advances bill limiting past medical damages to amounts paid or accepted

The House Judiciary Committee voted to advance House Bill 1204 on a voice vote after a two-hour discussion and public testimony. Representative John Eubanks, District 46, the bill sponsor, described the measure as "an act to establish recovery of damages for necessary medical care treatment or services rendered" and said it would limit recovery for past medical care to amounts actually paid by or on behalf of the plaintiff or that remain unpaid and for which the plaintiff is legally responsible.

The bill, as explained by Representative Eubanks and counsel Justin Allen of Wright, Lindsay & Jennings, inserts the word "past" in three places to clarify that the change applies only to past medical treatment, not future medical care. "It states that recovery of damages under subsection a of this section for past . . . necessary medical care, past necessary medical treatment, or past necessary medical services received includes only those costs actually paid by or on behalf of the plaintiff or that remain unpaid and for which the plaintiff or any third party is legally responsible," Eubanks said.

Supporters who testified or provided organizational backing told the committee they view the proposal as a policy measure to reduce the economic burden of tort litigation.…