2005 House Bill 4169

Revise malpractice “losers pay” provision

Introduced in the House

Feb. 2, 2005

Introduced by Rep. John Pastor (R-19)

To increase the threshold for requiring the loser to pay a malpractice case mediation winner’s legal fees. This refers to the size of the difference between an actual tort settlement and the one recommended in mediation. Under current law, the threshold for the "losers pay" provision is a 10 percent difference. The bill would change this to 20 percent. Mediation is required in medical malpractice suits and in certain other civil suits of more than $10,000.

Referred to the Committee on Judiciary