HBA-MSH H.B. 1424 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1424
By: Christian
Civil Practices
3/27/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a medical care liability claim is not subject to review
to determine the merit of the claim before being heard in court.  Some
argue that this increases the number of lawsuits brought without merit and
only for financial gain.  House Bill 1424 requires all medical care
liability claim to be reviewed by a panel to determine if the claim asserts
a legitimate cause of action for medical malpractice before the claim can
proceed to trial in the court. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1424 amends the Medical Liability and Insurance Improvement Act
to establish medical malpractice review panels.  The bill requires a
federal or state court to dismiss a medical care liability claim filed with
the court that has not been subject to a hearing by a review panel before a
specified date.  The bill sets forth requirements for the parties to the
claim to select members of the review panel.  The bill requires a review
panel to hold a hearing within 30 days after a claim is filed and issue a
ruling as to whether the claim asserts a legitimate cause of action for
medical malpractice.  The bill grants authorization for a panel to subpoena
witnesses.  If the review panel rules that the claim asserts a legitimate
cause of action, the bill requires the parties to attend a settlement
conference.  The bill provides that a defendant who rejects a proposed
settlement claim and is found liable for damages is liable for the
claimant's costs and reasonable attorney's fees incurred in bringing the
claim.  The bill provides that a claimant who rejects the proposed
settlement amount and is awarded an amount for damages that is less than
the settlement amount is liable for the defendant's costs and reasonable
attorney's fees incurred in defending the claim.  If the review panel
denies the claim, the bill provides that the claimant is liable for the
defendant's costs and reasonable attorney's fees incurred in defending the
claim.  The bill requires a claimant who files a medical care liability
claim to pay a $600 filing fee.  The bill sets forth provisions regarding
the statute of limitations on the claim. 

The bill amends the Government Code to require the supreme court to require
its clerk to prepare and distribute lists of attorneys for review panels of
medical care liability claims. 

EFFECTIVE DATE

September 1, 2001.  The Act applies only to a cause of action that accrues
on or after that date.