2292-S2 AMS CARR GORR 077
2SHB 2292 - S AMD to S COMM AMD (S5455.1) 167
By Senator Carrell
NOT ADOPTED 2/22/2006
On page 60, after line 19, insert the following:
"Sec. 317. RCW 4.56.250 and 1986 c 305 s 301 are each amended to read as follows:
(1) As used in this section, the following terms have the meanings indicated unless the context clearly requires otherwise.
(a) "Economic damages" means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.
(b) "Noneconomic damages" means subjective, nonmonetary losses, including, but not limited to pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party, loss of ability to enjoy life, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation, ((and)) destruction of the parent-child relationship, and other nonpecuniary damages of any type.
(c) "Bodily injury" means physical injury, sickness, or disease, including death.
(d) "Average annual wage" means the average annual wage in the state of Washington as determined under RCW 50.04.355.
(2) In no action seeking damages for personal injury or death may a claimant recover a judgment for noneconomic damages exceeding an amount determined by multiplying 0.43 by the average annual wage and by the life expectancy of the person incurring noneconomic damages, as the life expectancy is determined by the life expectancy tables adopted by the insurance commissioner. For purposes of determining the maximum amount allowable for noneconomic damages, a claimant's life expectancy shall not be less than fifteen years. The limitation contained in this subsection applies to all claims for noneconomic damages made by a claimant who incurred bodily injury. Claims for loss of consortium, loss of society and companionship, destruction of the parent-child relationship, and all other derivative claims asserted by persons who did not sustain bodily injury are to be included within the limitation on claims for noneconomic damages arising from the same bodily injury.
(3) If a case is tried to a jury, the jury shall not be informed of the limitation contained in subsection (2) of this section.
NEW SECTION. Sec. 318. A new section is added to chapter 4.56 RCW to read as follows:
(1) In an action or arbitration for damages for injury or death
occurring as a result of health care, or arranging for the provision of
health care, whether brought under chapter 7.70 RCW, or under RCW
4.20.010, 4.20.020, 4.20.046, 4.20.060, 4.24.010, or 48.43.545(1), or
any combination thereof, the total amount of noneconomic damages may
not exceed one million dollars.
(2) The limitation on noneconomic damages contained in subsection (1)
of this section includes all noneconomic damages claimed by or on
behalf of the person whose injury or death occurred as a result of
health care or arranging for the provision of health care, as well as
all claims for loss of consortium, loss of society and companionship,
destruction of the parent-child relationship, and other derivative
claims asserted by or on behalf of others arising from the same injury
or death. If the jury's assessment of noneconomic damages exceeds the
limitation contained in subsection (1) of this section, nothing in RCW
4.44.450 precludes the court from entering a judgment that limits the
total amount of noneconomic damages to those limits provided in
subsection (1) of this section.
NEW SECTION. Sec. 219. A new section is added to chapter 4.56 RCW to read as follows:
In the event that the Washington state supreme court or other court
of competent jurisdiction rules or affirms that section 318 of this act
is unconstitutional, then the prescribed cap on noneconomic damages
takes effect upon the ratification of a state constitutional amendment
that empowers the legislature to place limits on the amount of
noneconomic damages recoverable in any or all civil causes of action."
Renumber the sections consecutively and correct any internal references accordingly.
2SHB 2292 - S AMD to S AMD (S5455.1) 167
By Senator Carrell
NOT ADOPTED 2/22/2006
On page 61, line 15 of the title amendment, after "7.70.100", strike "and 7.70.080" and insert "7.70.080, and 4.56.250"
On page 61, line 17 of the title amendment, after "chapter" insert "4.56 RCW, and"
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EFFECT: Provides for a $1 million dollar cap on non-economic damages in actions for damages for injuries as a result of health care.