The new law effective on cases arising on or after October 1, 2011, requires the court to bifurcate a trial when a motion is made by counsel and where plaintiff seeks damages of $150,000 or more. This means that in a medical malpractice case the jury must decide whether the doctor was negligent in a trial without knowing how much money the plaintiff is requesting. Then if the doctor is found negligent a second trial would determine how much money the plaintiff would be awarded.
Additionally, the law limits non economic damages to $500,000 except in cases of death, loss of use of a body part or disfigurement.
- Medical Malpractice Insurance Rates by State and Specialty (prweb.com)
- The Effects of tort reform (chrisgreenmanforpresident.wordpress.com)