Bill Text | History of Actions | Background | Title |
Description: Civil justice; enact certain reforms.
Bill Text: [Introduced]
| 1 | 09/05 (H) Referred To Select Committee on Civil Justice Reform | |
| 2 | 11/26 (H) Died In Committee |
| Effective date | ** See Text | |
| Disposition | Dead | |
| Deadline | None | |
| Revenue | No | |
| Vote type required | Majority |
House Committee:
Principal Author: Watson
Additional Authors: Blackmon, Eads, Flaggs, Jennings, Masterson, Pierce, Simpson, Smith (39th), Stevens
Code Sections: A 011-0011-0003, A 011-0011-0005, A 011-0011-0007, A 011-0011-0011, A 011-0011-0013, A 011-0046-0001, A 011-0001-0063, A 015-0001-0036, A 085-0005-0007, A 043-0013-0407, A 043-0011-0001
Title: AN ACT TO AMEND SECTIONS 11-11-3, 11-11-5, 11-11-7, 11-11-11 AND 11-11-13, MISSISSIPPI CODE OF 1972, TO REVISE VENUE IN CIVIL ACTIONS; TO CLARIFY JOINDER OF CLAIMS; TO AMEND SECTION 11-46-1, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT CERTAIN MEDICAL PRACTITIONERS ARE EMPLOYEES UNDER THE TORT CLAIMS ACT; TO CREATE SECTION 11-1-62, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PHYSICIANS AND PHARMACISTS SHALL NOT BE LIABLE FOR PRESCRIBING FDA APPROVED DRUGS; TO CREATE SECTION 11-1-64, MISSISSIPPI CODE OF 1972, TO INSULATE INNOCENT SELLERS OF PRODUCTS; TO AMEND SECTION 11-1-63, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 15-1-36, MISSISSIPPI CODE OF 1972, TO REDUCE THE PERIOD FOR COMMENCING A MALPRACTICE ACTION AGAINST A NURSING FACILITY; TO PROVIDE A NINETY-DAY NOTICE FOR MEDICAL MALPRACTICE ACTIONS; TO AMEND SECTION 85-5-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PERSONS COVERED UNDER THE TORT CLAIMS ACT ARE ONLY LIABLE FOR THE PERCENTAGE OF THEIR FAULT IN CIVIL ACTIONS; TO PROVIDE THAT PAYMENTS FROM COLLATERAL SOURCES SHALL BE REDUCED FROM AWARDS IN CIVIL ACTIONS; TO REQUIRE AFFIDAVITS IN MEDICAL MALPRACTICE ACTIONS; TO PROVIDE FOR PERIODIC PAYMENTS FOR AWARDS OF $50,000.00 OR MORE; TO PROVIDE A LIMITATION ON THE AWARD OF NONECONOMIC DAMAGES; TO CREATE A MEDICAL MALPRACTICE RISK POOL TO PROVIDE NECESSARY MEDICAL MALPRACTICE FOR CERTAIN HEALTH CARE PROVIDERS; TO AMEND SECTION 43-13-407, MISSISSIPPI CODE OF 1972, TO PROVIDE INITIAL FUNDING FOR THE MEDICAL MALPRACTICE RISK POOL; TO AMEND SECTION 43-11-1, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM MEDICAL RECORDS; TO CREATE SECTION 43-11-16, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MEDICAL RECORDS SHALL REMAIN THE PROPERTY OF THE INSTITUTIONS FOR THE AGED AND INFIRM, SUBJECT TO REASONABLE ACCESS TO THE INFORMATION CONTAINED THEREIN UPON GOOD CAUSE SHOWN BY THE RESIDENT, HIS PERSONAL REPRESENTATIVES OR HEIRS; TO CREATE THE MEDICAL MALPRACTICE MEDIATION BOARD AND PROVIDE FOR ITS MEMBERSHIP; TO PROVIDE FOR MEDIATION FOR MEDICAL MALPRACTICE AND NURSING FACILITY DISPUTES; TO PROVIDE FOR THE APPOINTMENT AND CERTIFICATION OF MEDIATORS; TO PROVIDE THAT MEDIATION SHALL BE NONBINDING UNLESS THE PARTIES AGREE TO MAKE IT BINDING; TO REQUIRE THE COMMISSIONER OF INSURANCE TO ANNUALLY COMPILE AND PROVIDE TO THE LEGISLATURE A REPORT REGARDING MEDICAL MALPRACTICE CLAIMS; TO PROVIDE INCENTIVE FOR MEDICAL SCHOOL GRADUATES TO PRACTICE IN THE STATE; TO PROVIDE IMMUNITY FOR MEDICAL PERSONNEL PROVIDING VOLUNTEER SERVICE TO SCHOOL PROGRAMS; AND FOR RELATED PURPOSES.
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