MASSACHUSETTS REFORMS

Joint and Several Liability Reform: HB 574 (2001): Mass. Gen. Laws Ann. Ch. 231B §§ 1-2.  Bars application of the rule of joint and several liability in the recovery of all damages against public accountants so that an individual or firm is only liable for damages in proportion to the assigned degree of fault.

Medical Liability Reform: Collateral Source Reform: Mass. Gen. Laws Ann. Ch. 231 § 60-G.  Provides for awards to be offset by collateral sources, less any premiums paid by the claimant to secure those benefits.

Medical Liability Reform: Contingent Fee Reform: Mass. Gen. Laws Ann. Ch. 231 § 60-I.  Limits contingent fees in medical liability cases to 40% of the first $150,000 recovered, 33.3% of the next $150,000 recovered, 30% of the next $200,000 recovered, and 25% of any amount over $500,000 recovered.

Medical Liability Reform: Noneconomic Damages Reform: Mass. Gen. Laws Ann. Ch. 231 § 60-H.  Limits noneconomic damages in medical liability cases to $500,000, unless the claimant can show “a substantial or permanent loss or impairment of a bodily function or substantial disfigurement.”

Medical Liability Reform:  Periodic Payment of Future Damages: Mass. Gen. Laws Ann. Ch. 231 § 60-F.  Requires juries to state in the verdict what portion of the award is for future damages, but does not provide for periodic payments.