Title 12, Courts and Civil Proceedings

In this chapter, unless the context otherwise requires: 1. "Licensed health care provider" means both: (a) A person, corporation or institution licensed or certified by the state to provide health care, medical services, nursing services or other health-related services and inclu…

A. A medical malpractice action shall not be brought against a licensed health care provider except upon the grounds set forth in section 12-561. B. A medical malpractice action brought against a licensed health care provider shall not be based upon assault and battery. C. A medi…

Both of the following shall be necessary elements of proof that injury resulted from the failure of a health care provider to follow the accepted standard of care: 1. The health care provider failed to exercise that degree of care, skill and learning expected of a reasonable, pru…

A. A student who is in an educational or training program of a certified, accredited or state approved postsecondary institution that prepares students for licensing as a health care provider is not liable in a medical malpractice action for injury that occurs during or as a resu…

A. In any medical malpractice action against a licensed health care provider, the defendant may introduce evidence of any amount or other benefit which is or will be payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States social secu…

In any medical malpractice action against a licensed health care provider, no dollar amount or figure shall be included in the complaint, but the complaint may include a statement reciting that the minimum jurisdictional amount established for filing the action is satisfied.

A. A woman who gives birth to a child after being treated for infertility by a physician, the spouse of the woman, the surviving spouse of the woman or the child born as a result of the actions of a physician described in this section may bring an action against a licensed health…

A. The court shall, at the request of any party in any action under this chapter, determine the reasonableness of each party's attorneys' fees. The court shall take into consideration the following: 1. The time and labor required, the novelty and difficulty of the questions invol…

During the trial of a medical malpractice action against a licensed health care provider or during the course of any hearing or review conducted pursuant to section 12-567, evidence that any party or that any witness testifying in such trial, hearing, or review proceeding has bee…

A. If a medical malpractice action or an action brought under section 46-455 against a nursing care institution is settled or a court enters a monetary judgment: 1. The professional liability insurers shall provide the defendant's health profession regulatory board with all infor…

A. A health professional as defined in section 32-3201 or a health professional who meets the requirements of section 32-3217 and who provides medical, optometric or dental treatment, care or screening within the scope of the health professional's certificate or license at a nonp…

A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence, a health professional as defined in section 32-3201 who provides or who is consulted to provide services to a patient of a licensed hospital in compliance with the emerge…

A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence, a physician licensed to practice pursuant to title 32, chapter 13 or 17 is not liable to the pregnant female patient, the child or children delivered or their families fo…

In this article, unless the context otherwise requires: 1. "Bodily injury" means bodily harm, sickness, disease or emotional or mental distress, including death resulting from any of these conditions at any time, sustained by a person. 2. "Claimant" means a person suffering bodil…

A. This article applies to any trial involving a claim for future damages arising out of a medical malpractice action. Any party may elect to receive or pay future damages for economic losses in periodic installments in accordance with this article. B. The election shall be made …

A. In a hearing held to determine whether good cause exists not to try a claim under this article, the court shall consider the circumstances of the parties and all relevant factors, including, but not limited to: 1. Whether the risk that a lump sum award would be dissipated is i…

A. If liability is found in a trial conducted under this article, the trier of fact shall make separate findings for each claimant specifying the amount of any: 1. Past damages in a lump sum. 2. Future damages for noneconomic loss in a lump sum. 3. Future damages and the periods …

A. The calculation for all future economic damages shall reflect future changes in earning power or the purchasing power of the dollar. Future damages shall not be discounted to present value, except pursuant to section 12-589. B. Unless the court otherwise directs or the parties…

A. If special findings for future damages are made, the court shall enter judgment pursuant to the following procedures: 1. The court shall apply to the findings of past and future damages any applicable rules of law in calculating the respective amounts of past and future damage…

A. Each party liable for all or a portion of a judgment containing periodic installments shall provide funding, separately or jointly, for the unpaid installments in a form prescribed in section 12-588. The funding shall be provided not later than the date the judgment is subject…

A. Funding authorized or required for payment of a judgment for periodic installments shall be approved by the court as sufficient to guarantee financial solvency and be in one or more of the following forms: 1. An annuity contract issued by one or more qualified insurers. 2. An …

A. If future damages are ordered to be paid in advance of the period to which they apply, the court shall compute the present value of the future payments by discounting each remaining annual payment by a rate of interest equal to the interest rate of the most recent issue of fif…

A. The liability for payment of periodic installments for costs of health care not yet due at the death of the person entitled to receive the benefits terminates on the death of the person. Liability for payment of any other installments or portions of installments not yet due at…

An assignment of or an agreement to assign any right to periodic installments for future damages is not enforceable except for: 1. The payment of alimony, maintenance, spousal support or child support. 2. The costs of products, services or accommodations provided or to be provide…

Periodic installments for future damages for loss of earnings or loss of support for beneficiaries of a judgment entered in a wrongful death action are exempt from garnishment, attachment, execution and any other process or claim to the extent wages or earnings are exempt under a…

A. The director of the department of insurance and financial institutions shall adopt rules: 1. For determining which insurers and assignees are financially qualified to provide and maintain the funding required under this article and to be designated as qualified insurers. 2. To…

A. This article also applies to claims for bodily injury arising out of medical malpractice that are subject to arbitration either by law or if the parties have agreed to its application by contract. B. Parties to an action on any claim for bodily injury arising out of medical ma…