C.__"Unanticipated outcome" means the outcome of a medical treatment or procedure that differs from an expected result.

2.__Evidence of admissions.__In any civil action brought by an alleged victim of an unanticipated outcome or in any arbitration proceeding related to such civil action, any statement, affirmation, gesture or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion or a general sense of benevolence that is made by a health care practitioner or health care provider or an employee of a health care practitioner or health care provider to the alleged victim, a relative of the alleged victim or a representative of the alleged victim and that relates to the discomfort, pain, suffering, injury or death of the alleged victim as the result of the unanticipated outcome is inadmissible as evidence of an admission of liability or as evidence of an admission against interest.

SUMMARY

This bill establishes the types of and limit of damages available in medical malpractice action in the State. Compensatory damages that are economic damages are unlimited. Compensatory damages that are noneconomic damages are limited to $250,000. Punitive damages are limited to $75,000.

This bill prevents a health care practitioner's or health care provider employee's statement of sympathy or apology to a patient who has suffered an unanticipated medical outcome from being used against the practitioner or employee in a medical malpractice action.

The bill requires the findings of the prelitigation screening panels to specify the damages attributable to the defendant or defendants in a medical malpractice action.

The bill provides that each defendant in a civil action is liable only for damages in direct proportion to the defendant's percentage of fault.