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SF 84

A bill for an act relating to noneconomic, punitive, and exemplary damage awards against health care providers and hospitals.

2025-2026 Regular Session Introduced by Molly Donahue

SF 84 allows unlimited noneconomic damages in medical malpractice cases, benefiting plaintiffs while capping punitive damages to fund civil litigation programs.

Subcommittee: Schultz, Blake, and Bousselot.
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Bill Summary · SF 84

Summary of SF 84: Damages Awards Against Health Care Providers and Hospitals

Bill Number: SF 84
Introduced On: January 22, 2025
Current Status: Subcommittee: Schultz, Blake, and Bousselot
Classification: Bill
Subject Areas: Civil Procedure, Claims, Damages, Health, Hospitals, Litigation, Medical Care, Medical Malpractice, Restitution, Tort Law

Purpose and Intent

The primary purpose of SF 84 is to amend existing laws regarding noneconomic, punitive, and exemplary damage awards in cases involving health care providers and hospitals. The bill seeks to modify the current limitations on damage awards, particularly in medical malpractice cases, with the intent of providing greater compensation to plaintiffs while also addressing the distribution of punitive damages.

Key Provisions

  1. Noneconomic Damages Cap:

    • Current law limits noneconomic damages to $250,000.
    • An exception exists for cases involving substantial or permanent bodily impairment, substantial disfigurement, or death, where the cap increases to $1 million or $2 million if a hospital is involved.
    • Changes Proposed: The bill removes the loss of pregnancy as a qualifying exception for higher damage awards and eliminates the cap on noneconomic damages if the exception applies.

  2. Annual Increase in Damages Cap:

    • Current law allows for a 2.1% annual increase in the damages cap.
    • Changes Proposed: The bill repeals this provision, thereby freezing the cap at its current levels.

  3. Punitive and Exemplary Damages:

    • Under current law, punitive damages can be awarded if the defendant's conduct shows willful and wanton disregard for others' rights or safety.
    • Changes Proposed: In cases involving medical providers or hospitals, the bill limits the punitive damages awarded to claimants to 25% of the total award. The remaining 75% would be allocated to a civil reparations trust fund, unless the defendant's conduct was specifically directed at the claimant.

  4. Civil Reparations Trust Fund:

    • Funds from the civil reparations trust are designated for indigent civil litigation programs or insurance assistance programs.

Impact

  • Affected Parties: The bill primarily impacts plaintiffs in medical malpractice cases, health care providers, and hospitals. It aims to provide greater financial relief to victims of medical negligence while also ensuring that a portion of punitive damages supports broader civil litigation needs.
  • Legal and Financial Implications: By removing the cap on noneconomic damages in certain cases, the bill could lead to significantly higher awards for plaintiffs. Conversely, the limitation on punitive damages may reduce the financial liability for health care providers and hospitals.

Procedural Aspects

  • The bill was introduced and referred to the Judiciary Committee on January 22, 2025, and is currently under consideration by a subcommittee consisting of members Schultz, Blake, and Bousselot.

This summary provides an overview of SF 84, highlighting its intent, key provisions, and potential impacts on the legal landscape surrounding medical malpractice and damages awards.

Compiled from official sources — confirm details with the bill’s official record.

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