§ 36-6810. Definitions.

A.  Sections 6810 through 6820 of this title shall be known and may be cited as the “Medical Professional Liability Insurance Closed Claim Reports Act”.

B.  The Medical Professional Liability Insurance Closed Claim Reports Act shall apply to all medical professional liability claims in this state, regardless of whether or how the claims are covered by medical professional liability insurance.

C.  As used in the Medical Professional Liability Insurance Closed Claim Reports Act:

1.  “Claim” means:

a.a demand for monetary damages for injury or death caused by medical malpractice, or

b.a voluntary indemnity payment for injury or death caused by medical malpractice;

2.  “Claimant” means a person, including an estate of a decedent, who is seeking or has sought monetary damages for injury or death caused by medical malpractice;

3.  “Closed claim” means a claim that has been settled or otherwise disposed of by the insuring entity, self-insurer, facility, or provider.  A claim may be closed with or without an indemnity payment to a claimant;

4.  “Commissioner” means the Insurance Commissioner;

5.  “Companion claims” means separate claims involving the same incident of medical malpractice made against other providers or facilities;

6.  “Economic damages” means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, and loss of business or employment opportunities;

7.  “Health care facility” or “facility” means a clinic, diagnostic center, hospital, laboratory, mental health center, nursing home, office, surgical facility, treatment facility, or similar place where a health care provider provides health care to patients;

8.  “Health care provider” or “provider” means:

a.a person licensed to provide health care or related services, including an acupuncturist, doctor of medicine or osteopathy, a dentist, a nurse, an optometrist, a podiatric physician and surgeon, a chiropractor, a physical therapist, a psychologist, a pharmacist, an optician, a physician’s assistant, a midwife, an osteopathic physician’s assistant, a nurse practitioner, or a physician’s trained mobile intensive care paramedic.  If the person is deceased, this includes the estate or personal representative of the person, or

b.an employee or agent of a person described in subparagraph a of this paragraph, acting in the course and scope of the employment of the employee.  If the employee or agent is deceased, this includes the estate or personal representative of the employee;

9.  “Insuring entity” means:

a.an authorized insurer,

b.a captive insurer,

c.a joint underwriting association,

d.a patient compensation fund,

e.a risk retention group, or

f.an unauthorized insurer that provides surplus lines coverage;

10.  “Medical malpractice” means an actual or alleged negligent act, error, or omission in providing or failing to provide health care services;

11.  “Noneconomic damages” means subjective, nonmonetary losses, including pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party, emotional distress, loss of society and companionship, loss of consortium, humiliation and injury to reputation, and destruction of the parent-child relationship; and

12.  “Self-insurer” means any health care provider, facility, or other individual or entity that assumes operational or financial risk for claims of medical professional liability.

Added by Laws 2003, c.390, § 11, eff. July 1, 2003.  Amended by Laws 2009, c. 176, § 54, eff. Nov. 1, 2009; Laws 2010, c. 222, § 51, eff. Nov. 1, 2010.