(HB 1104)
Medical malpractice damages limited for podiatrists.
Section
1.
That
§
21-3-11
be amended to read as follows:
21-3-11.
In any action for damages for personal injury or death alleging malpractice against
any physician licensed pursuant to chapter 36-4, chiropractor, optometrist,
podiatrist,
dentist,
dental hygienist, dental assistant, hospital, critical access hospital, registered nurse, licensed
practical nurse, certified registered nurse anesthetist, clinical nurse specialist, nurse practitioner,
nurse midwife, or physician's assistant, or against the practitioner's corporate, limited liability
partnership, or limited liability company employer based upon the acts or omissions of the
practitioner, under the laws of this state, whether taken through the court system or by binding
arbitration, the total general damages which may be awarded may not exceed the sum of five
hundred thousand dollars. There is no limitation on the amount of special damages which may be
awarded. This section applies only to causes of action arising from injuries or death occurring after
July 1, 1976. However, in the case of chiropractors, it applies only to the causes of action arising
from injuries or death occurring after July 1, 1978. In the case of optometrists, it applies only to
causes of action arising from injuries or death occurring after July 1, 2002.
In the case of
podiatrists, it applies only to causes of action arising from injuries or death occurring after July 1,
2005.