HB 175 by Rep. John Bel Edwards (D-Amite) would eliminate the current cap on medical malpractice economic damages and raise the amount that can be recovered for non-economic damages from $500,000 to $750,000. The non-economic damages cap would then rise with the cost of living each year thereafter.

Estimates as to the cost of the increased liability are being sought by the Patient’s Compensation Fund (PCF), but double digit increases in surcharge rates would no doubt be required to pay for the increase.

Rep. Tim Burns, chairman of the Civil Law and Procedure Committee of the House of Representatives, is contemplating a day of hearings to educate committee members on the history of the medical malpractice cap and the bills filed dealing with the issue. The bills include HB 427 by Rep. Mills (D-Parks), which would increase the burden of proof in cases involving emergency treatments; SB 456 by Sen. Martiny (R-Metairie), which would turn the PCF over to the Commissioner of Insurance; and HB 394 also by Rep. Mills and SB 514 by Sen. Murray (D-New Orleans), both of which would remove the Commissioner of Insurance from regulating the PCF and clarify the surcharge rating formula.