PETITION OF:

SECTION 1. Chapter 175 of the Massachusetts General Laws is hereby amended by the addition of the following new section:—

Section 193V. Every insurer or risk management organization which provides insurance to a physician licensed under Chapter 112 of the Massachusetts General Laws shall make an annual report to the Betsy Lehman Center for Patient Safety and Medical Error Reduction established by Chapter 177 of the Acts of 2001. Said report shall list the top ten categories of losses, claims or actions for damage for personal injuries alleged to have been caused by error, omission or negligence in the performance by physicians of medical services the company incurred during the previous calendar year. Said report shall also identify the top ten defendant specialties as to cost and frequency of cases in the prior year. Where applicable, organizations shall include reports outlining losses and claims for non-physician health care providers as well. Reports shall include completed cases and settlements only and shall include no information identifying providers or patients. Reports shall be provided to the center at its request under annual timelines and reporting requirements established by the center with the input of the advisory committee established in Chapter 6A Section 16E(c). The Center shall use this information in the development of evidence-based best practices to reduce medical errors and enhance patient safety as required by Chapter 6A Section 16E(e)1 and to increase awareness of error prevention strategies through public and professional education as required by Chapter 6A Section 16E(e)4.

SECTION 2. Section 60B of Chapter 231 of the General Laws is hereby amended by striking the fifth paragraph in its entirety and replacing it with the following text: “Each such action for malpractice shall be heard by said tribunal within fifteen days after the defendant's answer has been filed. Substantial evidence shall mean such evidence as a reasonable person might accept as adequate to support a conclusion. Admissible evidence shall include, but not be limited to, hospital and medical records, nurses' notes, x-rays and other records kept in the usual course of the practice of the health care provider without the necessity for other identification or authentication, statements of fact or opinion on a subject contained in a published treatise, periodical, book or pamphlet or statements by experts who (1) hold a non-restricted license from a state licensing board recognized by the Federation of State Medical Boards; (2) are currently board certified by a specialty board approved by the American Board of Medical Specialties or of the Advisory Board of Osteopathic Specialists from the major areas of clinical services as the defendant physician; and (3) actively practice in the same specialty as the defendant physician, without the necessity of such experts appearing at said hearing. Statements by said experts shall be admissible at trial and said experts shall be required to testify at trial. The tribunal may upon the application of either party or upon its own decision summon or subpoena any such records or individuals to substantiate or clarify any evidence which has been presented before it and may appoint an impartial and qualified physician or surgeon or other related professional person or expert to conduct any necessary professional or expert examination of the claimant or relevant evidentiary matter and to report or to testify as a witness thereto. Such a witness shall be allowed traveling expenses and a reasonable fee to be fixed by the tribunal which shall be assessed as costs. The testimony of said witness and the decision of the tribunal shall be admissible as evidence at a trial.”

SECTION 3. Chapter 231 of the General Laws is hereby amended by striking section 60K and inserting in place thereof the following:—

Section 60K. In any action for malpractice, negligence, error, omission, mistake or unauthorized rendering of professional services, other than actions brought under section two of chapter two hundred twenty-nine, against a provider of health care, in which a verdict is rendered or a finding made or an order for judgment made for pecuniary damages for personal injuries to the plaintiff or for consequential damages, there shall be added by the clerk of the court to the amount of damages interest thereon, at a rate to be determined as set forth below rather than the rate specified in section 6B of chapter two hundred thirty-one, from the date of the commencement of the action even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law. The rate of interest to be applied by the clerk shall be at a rate equal to the coupon issue yield equivalent, as determined by the secretary of the treasury, of the average accepted auction price for the last auction of fifty-two week United States treasury bills settled immediately prior to the date on which the verdict is rendered or finding made or order made.

SECTION 4. Chapter 231 of the General Laws is hereby amended by adding the following new section:—

Section 60L. In any action for malpractice, error or mistake against a provider of health licensed pursuant to section 2 of Chapter 112, including actions pursuant to section 60B of this Chapter, expert witnesses who (1) hold a non-restricted license from a state licensing board recognized by the Federation of State Medical Boards; (2) are currently board certified by a specialty board approved by the American Board of Medical Specialties or of the Advisory Board of Osteopathic Specialists from the major areas of clinical services as the defendant physician.

SECTION 5. Chapter 231 of the General Laws is hereby amended by adding the following new section:—

Section 60M. In any action for malpractice, error, omission, mistake or the unauthorized rendering of professional services against a provider of health care, the liability of each defendant for damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of damages allocated to that defendant in direct proportion to that defendant’s percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.

SECTION 6. Section 85K of Chapter 231 of the General Laws is hereby amended by adding the following sentence at the end of the first paragraph:—

“In any action for malpractice, negligence, error, omission, mistake or unauthorized rendering of professional service against a not for profit hospital licensed pursuant to section 51 of chapter 111 of the General Laws, including actions pursuant to section 60B of chapter 231, the limitations shall be capped at $250,000.”

SECTION 7. There is hereby established a special commission, to consist of three members of the senate including minority representation, four members of the house of representatives including minority representation, the chief justice of the trial court or his designee, and five persons to be appointed by the governor, one of whom shall be a representative of the Massachusetts Bar Association, one of whom shall be a representative of the Massachusetts Medical Society, and one of whom shall be a consumer of health care who is not a doctor or lawyer. Said commission is hereby authorized and directed to conduct an investigation into the feasibility of creating a specialized court for purposes of administering medical malpractice claims. Said commission shall, in the course of its investigation and study, consider, among other things it considers relevant, specialty courts within Massachusetts, efficiencies to be gained, expertise and training needed by jurors and jurists, use of information technology, the use of medical legal advisory panels, use of regional sites, court staffing needs and such other matters as the commission may deem relevant. Appointed members of the commission shall not be considered special state employees for the purpose of compliance with Chapter 268A. The special commission shall submit a report to the governor, the speaker of the house of representatives, the senate president, and the chief justice of the supreme judicial court setting forth the special commission’s findings, along with its recommendations and specific legislative proposals, no later than one year after the special commission’s appointment. The special commission shall dissolve upon completion of its duties and obligations, as indicated by submission of its findings and recommendations.