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January 31, 2007

Chamber Advocates Civil Liability Reforms

The Maryland Chamber today urged the House Judiciary Committee to enact meaningful civil justice reforms. The ability of a company to receive fair treatment in a state’s court system influences business decisions regarding job creation and business location.

While some aspects of Maryland’s civil justice system encourage economic development, Maryland has lagged behind other states in enacting meaningful civil justice reforms. Legislation heard by the Judiciary Committee today included:

HB 48: This bill would require a health care liability suit to be reviewed by a panel of health experts prior to being heard in circuit court. The Chamber supports this bill because it could reduce the number of medical liability suits that are filed and ease the burden of defending suits that lack merit. The legislation would allow a panel of impartial health care experts to determine if the defendant’s actions were a departure from the appropriate standard of care, and the immediate cause the plaintiff’s alleged injury. Full position statement here (pdf).

HB 147: This legislation would provide that an expression of regret by a health care provider to a victim of alleged health care malpractice, or their family, would be inadmissible as evidence in civil actions or arbitration proceedings. The Chamber supports this bill because it would increase the likelihood of meaningful dialogue between health care providers and patients who experienced bad outcomes. This dialogue could lead to a better understanding of exactly what occurred during the procedure and may result in fewer malpractice lawsuits being filed. Full position statement here (pdf).

HB 83: This bill would increase the per diem payment to jurors from $15 to $30 per day for the first five days of jury service. The Chamber supports this legislation because increased compensation would make a potential juror more willing to serve, and increase the likelihood that juries will be more reflective of the general population. Full position statement here (pdf).

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