COL4122017
Any exemplary damages awarded to a client in a tort suit based on health care or professional services rendered or which should have been rendered by a health professional or health care institution to a patient shall be placed in a special fund that may be expended at the discretion of the administrator, Guam Memorial Hospital, for the improvement of medical services within the territory of Guam. SOURCE: Added by P.L. 13-116:5 as CCP § 390. COMMENT: This is a section unique to Guam, but was added intentionally by the Legislature as part of an act relative to malpractice suits against health care professionals. The Compiler has added the word "exemplary" after "any" at the beginning of the first sentence of this Section. The title of this Section, as enacted, indicates that only exemplary damages are to be placed in this separate fund. However, the wording of this Section indicates that "any damages" received in tort actions of the type described are to be placed in the special fund. It is inconceivable that the Legisla- ture intended to deprive a plaintiff of all recovery in malpractice actions. Even if this were the intent, the title of this Section indicates a different intent.