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Senate advances compromise medical malpractice bill with $450,000 cap and affidavit-of-merit requirement

Utah Senate · March 2, 2010
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The Senate advanced a third substitute of Senate Bill 145 to limit non-economic damages at $450,000 and require affidavits of merit after pre-litigation panels. Sponsors said the measure narrows nonmeritorious suits while opponents pressed for safeguards and for the stand-down agreement to be memorialized.

Senator Adams, the bill sponsor, urged colleagues to support a third substitute of Senate Bill 145 designed to narrow nonmeritorious medical-malpractice litigation while preserving relief for meritorious claims.

“This bill puts a hard cap … and leaves it at $450,000,” Adams said on the floor, summarizing the substitute’s core provisions and explaining that it removes the inflationary element from the existing cap.

The third substitute also requires an affidavit of merit after the pre-litigation panel process; the affidavit must be provided by a healthcare…

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