Bill Text: AZ SCR1045 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Damages; civil actions; limit
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-17 - Senate HEALTH Committee action: Held [SCR1045 Detail]
Download: Arizona-2010-SCR1045-Introduced.html
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REFERENCE TITLE: damages; civil actions; limit |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SCR 1045 |
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Introduced by Senator Melvin
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A CONCURRENT RESOLUTION
proposing an amendment to the constitution of arizona; amending article II, section 31 and article XViii, section 6, constitution of arizona; amending article XXII, Constitution of Arizona, by adding sections 23 and 24; relating to damages.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Article II, section 31, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
31. Damages for death or personal injuries
Section 31. No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person, except as provided in article XXII, sections 23 and 24.
2. Article XVIII, section 6, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
6. Recovery of damages for injuries
Section 6. Except as provided in article XXII, sections 23 and 24, the right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation.
3. Article XXII, Constitution of Arizona, is proposed to be amended by adding sections 23 and 24 as follows if approved by the voters and on proclamation of the Governor:
23. Medical actions; damages; limit; definitions
Section 23. A. If a final judgment is issued against one of the following medical service providers in a health care action, the amount of damages shall be limited as follows:
1. For noneconomic damages against a health care provider, five hundred thousand dollars for each claimant, regardless of the number of defendant health care providers against whom the claim is asserted or the number of separate causes of action on which the claim is based.
2. For noneconomic damages against any single health care institution, five hundred thousand dollars for each claimant.
3. For noneconomic damages the total against more than one health care institution, as defined by law, five hundred thousand dollars for each claimant.
4. For all damages, including exemplary damages, against a health care provider, seven hundred fifty thousand dollars for each claimant, regardless of the number of defendant health care providers against whom the claim is asserted or the number of separate causes of action on which the claim is based.
B. For the purposes of this section:
1. "Health care" means any act or treatment that is performed or furnished, or should have been performed or furnished, by a health care provider or health care institution for, to or on behalf of a patient during the patient's medical care, treatment or confinement.
2. "Health care action" means a cause of action against a health care provider or health care institution for treatment, lack of treatment or other claimed departure from accepted standards of health care that proximately results in an injury to or death of a claimant, whether the claim is based in tort or contract.
3. "Health care institution" means a corporation, FACILITY or institution licensed, certified or registered by this state to provide health care, including a hospital, a hospice, a home and community support services agency, an emergency medical services provider, an assisted living facility and an ambulatory surgical center, all as defined by law.
4. "Health care provider" means any individual, partnership, professional association or corporation that is licensed, certified or registered by this state to provide health care, except a health care institution.
5. "Noneconomic damages" means damages awarded for the purpose of compensating a claimant for physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life, injury to reputation and all other nonpecuniary losses other than punitive damages.
24. Limitation on the recovery of exemplary damages
Section 24. In any action in which a claimant seeks recovery of damages, the amount of exemplary damages against a defendant may not exceed an amount equal to the greater of:
1. Two times the amount of economic damages plus an amount equal to any economic damages found by the jury that does not exceed one million dollars.
2. Five hundred thousand dollars.
4. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.
