SENATE, No. 1006

By Mr. Moore, a petition (accompanied by bill, Senate, No. 1006) of Richard T. Moore, Edward G. Connolly and Joyce A. Spiliotis for legislation to provide for an indexed judgement interest rate for medical malpractice actions. The Judiciary

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.


AN ACT PROVIDING FOR AN INDEXED JUDGMENT INTEREST RATE FOR MEDICAL MALPRACTICE ACTIONS

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.

Chapter 231 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section sixty I the following new section:-

Section 60 II. 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.