Daily Bulletin
ACTIONS BY THE NORTH CAROLINA GENERAL ASSEMBLY
Institute of Government — School of Government
The University of North Carolina at Chapel Hill
Legislative Reporting Service, Box 7294 State Legislative Building, Raleigh, NC 27601
Phone 919.733.2484 - Fax 919.715.3464 ~ www.dbulletin.org
House Legislative Day 50 Vol. 2007, No. 50 Senate Legislative Day 50
Thursday, April 19, 2007
SUMMARIES OF BILLS FILED
HOUSE BILLS
H 1667. APPEAL BOND FOR MEDICAL MALPRACTICE. Filed
4/18/07.
TO MODIFY APPEAL BONDS IN
MEDICAL MALPRACTICE ACTIONS.
Amends GS 1-289 to provide that it the appellee in a medical malpractice action obtains a judgment for the
payment or expenditure of money and the appellant seeks a stay of execution within the period when the
appellant has the right to pursue appellate review (including discretionary review and certiorari), the amount of the
undertaking required to stay execution must be the lesser of the amount of the judgment or the amount of the
appellant’s medical malpractice insurance coverage applicable to the action. Effective October 1, 2007, and
applies to judgments entered on or after that date.
Intro, by England, Rapp, Goforth. GS 1
H 1669. MEDICAL MALPRACTICE SETTLEMENT REPORTS. Filed
4/18/07.
TO PROVIDE FOR THE
REPORTING OF DETAILS OF SETTLEMENTS OF MEDICAL MALPRACTICE CLAIMS.
Enacts new GS 90-21.19 to require that when the parties agree to settle a claim in a medical malpractice
action, (1 ) the insurer must identify the amount of the settlement attributable to economic damages and provide
documentation to substantiate that amount and (2) the attorney for the plaintiff must report the settlement to the
Department of Insurance and include certification and documentation of the amount of settlement proceeds
received to reimburse any costs incurred in prosecution of the case (including separate amounts spent for expert
witnesses, exhibits, travel, and other categories of expense the attorney charges the plaintiff), and the amount of
the settlement attributable to attorneys’ fees. Specifies that a medical malpractice action is ‘‘settled’’ if, any time
after the claim is made and before, during, or after trial, the parties agree to end the litigation in exchange for
monetary payment. Effective October 1, 2007, and applies to settlements entered into on or after that date.
Intro, by England, Rapp, Goforth. GS 90
H 1670. PERIODIC PAYMENTS FOR MEDICAL MALPRACTICE. Filed
4/1 8/07.
TO ALLOW FOR PAYMENT
OF FUTURE EXPENSES ARISING FROM MEDICAL MALPRACTICE ACTIONS TO BE BY PERIODIC
PAYMENTS.
Enacts new GS 90-21 .19, to provide that in medical malpractice actions, (1) the form of the fact finder’s
verdict or award of damages must indicate specifically what amount is awarded for future economic damages and
(2) upon the award of future economic damages in excess of $100,000, the judge may order that the future
economic damages be paid in whole or in part by periodic payment rather than by one lump-sum payment, should
one of the parties so request. The proposed new statute further provides that when future economic damages are
payable periodically, liability for the future payments ends with the death of the plaintiff, unless the plaintiff is
survived by persons to whom the plaintiff owed a duty of support, in which case the court that rendered the
© 2007 Institute of Government — School of Government
The University of North Carolina at Chapel Hill
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